Sponsor Licence Compliance and Duties Support for Employers
As a sponsor of a migrant workers, you are legally required to fulfil several sponsor duties and compliance responsibilities dictated by UK immigration law. Get personalised advice from our immigration lawyers to avoid serious consequences resulting from compliance failures.
Our Clients:
What Are Your Sponsor Licence Duties?
What Are Your Sponsor Licence Duties?
Ensure that the migrant worker is legally entitled to the job and possesses the required professional accreditations, with copies available for the Home Office upon request. Avoid employing a migrant worker without the proper immigration status and cease employment if the worker becomes ineligible for any reason. Issue Certificates of Sponsorship (CoS) only to migrants who meet the requirements of the PBS tier or category under which the certificate is issued.
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Our Immigration Services
Reporting Duties
Reporting Duties
As a sponsor, you must report certain changes or events to the Home Office, including changes in migrants’ employment status, significant changes in their circumstances, and changes in your own circumstances as the sponsor.
Maintaining accurate records for all your sponsored workers is equally crucial. You should be able to present the following documentation upon request from the Home Office:
Identity Documents
Copies of all relevant passport pages, UK immigration status documents, or biometric residence permits.
Employment Contracts
Retain copies of all contracts between your organisation and the migrant worker.
National Insurance
Document the National Insurance Numbers of your sponsored migrants, when applicable.
Financial Records
Keep records of payslips, tax codes, and details of any allowances and deductions for each sponsored migrant.
Contact and Absence History
Keep a log of each sponsored worker’s contact details and any recorded absences.
Certificate of Sponsorship Basis
Document the rationale for issuing each CoS.
Retention of Documents
Retention of Documents
To adhere to the regulations set up to prevent illegal employment, it might be required to keep some records for an extended duration. Specifically, Right to Work verification documents should be kept for at least two years after an employee’s departure.
Additionally, it is important to adhere to any other statutory record-keeping requirements that may be imposed by UK Visas and Immigration or other governmental agencies.
Our Sponsor Licence Compliance Services
Our Sponsor Licence Compliance Services
Civil Penalty
As an employer, you have a legal duty to ensure your employees have the right to work in the UK. If you’ve received a civil penalty for employing illegal workers, we can help you decide on the best course of action. Read our guide on Civil Penalty.
Training & Advisory Services
Your legal responsibilities as a sponsor are complex. Our bespoke training and advisory services ensure you and your staff know exactly what your duties are as sponsors and provide helpful guidance in ensuring and maintaining compliance.
Immigration Audits
UKVI sponsor compliance visits can happen anytime, often with no prior warning. With compliance failures penalised in the form of fines, licence revocation, and even criminal prosecution, it is vital you are always audit-ready.
COMPLIANCE VISITS
Are You Ready for Home Office Compliance Visits?
Are You Ready for Home Office Compliance Visits?
It’s essential to always be prepared for Home Office visits that focus on compliance. These visits can occur at any time, not just during your initial application for a sponsor licence but throughout its validity period.
Whether the visits are pre-arranged or completely unexpected, you need to collaborate closely with the inspectors, allowing them access to all relevant areas and files within your organisation.
The Home Office often uses these visits to verify several key areas:
Inspectors will examine your processes to ensure that employees have the legal right to work in the UK. They will also check how you track the visa expiry dates of your employees.
Both paid and unpaid absences will be scrutinised to ensure you’re maintaining accurate records.
Lastly, the inspection will determine whether your sponsored workers are performing the tasks that align with their designated Certificates of Sponsorship (CoS).
Lastly, the inspection will determine whether your sponsored workers are performing the tasks that align with their designated Certificates of Sponsorship (CoS).
Remember, it’s not just about having the appropriate records but also ensuring they are readily accessible, including the list of documents outlined in Appendix D of the sponsor guidance. Additionally, the Home Office might liaise with HMRC to verify that your employees are fairly compensated. They may also review the immigration status of your other foreign employees to confirm adherence to all relevant regulations.
Consequences of Sponsor Licence Non-Compliance
Consequences of Non-Compliance
Maintaining compliance with your sponsor licence obligations isn’t just good practice; it’s a requirement. The Home Office may conduct periodic checks, either scheduled or unscheduled, to confirm you’re fulfilling these responsibilities. Failing to meet them can lead to several outcomes, each more severe than the last:
B-Rating Downgrade
This is generally the result of minor rule breaches. While downgraded, you won’t be able to sponsor new overseas employees until you’ve adequately addressed the issues identified by the Home Office. An action plan, which incurs a fee, will outline the steps you must take to regain your A-rating.
Licence Suspension
If the Home Office harbours serious doubts about your compliance, they could suspend your licence pending further investigation. During this period, you won’t be able to issue any Certificates of Sponsorship (CoS). Your licence may be either reinstated or revoked after further scrutiny.
Licence Revocation
This is the most severe penalty, often enacted when there is either no longer a trading presence or when serious breaches have occurred. Once revoked, you will need to go through a 12-month ‘cooling-off’ period before you can reapply for a new sponsorship licence.
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Jay Moghal of Rove Legal is extremely professional and has deep and impressive knowledge of all aspects of immigration law and procedure. He is creative and a great communicator, fierce and energising, encouraging the pursuit of his clients’ cases with impeccable judgement. I would not hesitate to recommend Jay. His knowledge and professionalism shines through in every event.
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