To maintain your Sponsor Licence and continue hiring skilled overseas workers, your organisation must meet specific duties set by the Home Office. These responsibilities include conducting right-to-work checks, maintaining accurate employee records, and promptly reporting any changes in your workforce or organisational structure. Failing to adhere to these requirements can result in severe penalties, including fines or the suspension of your licence.
This checklist outlines all the necessary actions to keep your organisation compliant and ready for any Home Office inspections. Use it to stay organised, reduce risk, and ensure that your business remains eligible to sponsor international talent.
1. Right to Work Checks and Documentation
- Ensure all migrant workers are legally entitled to work in the UK for the job they are being employed to do.
- Conduct right-to-work checks before employment begins and maintain records.
- Re-check the right to work if the worker’s visa is due to expire.
- Verify professional qualifications and any required accreditations (e.g., GMC registration for doctors, Nursing and Midwifery Council for nurses).
- Obtain and retain copies of key documents, including:
- Passport pages (showing personal details and visa endorsements)
- Biometric residence permits
- Employment contracts
- National Insurance numbers
- Any professional registrations or accreditations
- Maintain records of these checks for at least two years after the worker leaves employment.
2. Record-Keeping Duties
- Keep accurate and updated records as required by the Home Office, including:
- Identity documents
- Employment contracts and job descriptions
- Payslips, tax codes, and records of any allowances and deductions
- Records of attendance and absences (paid and unpaid)
- Contact details of the sponsored workers
- Evidence of recruitment processes, including CVs, interview notes, and job adverts
- Certificates of Sponsorship (CoS) issued to each migrant worker and the rationale for issuing each CoS.
- Retain all relevant documents according to Home Office requirements, including right-to-work checks for at least two years after employment ends.
3. Monitoring and Reporting Duties
- Use the Sponsorship Management System (SMS) to report significant changes within 10-20 working days, including:
- Changes in a migrant worker’s employment status (e.g., resignation, dismissal, or change of role)
- Changes in your organisation’s details (e.g., name, address, or key personnel)
- Changes to a worker’s job role, job title, or salary
- Absences of more than 10 consecutive working days without permission
- If a sponsored worker does not start the job or is absent from work without pay for more than four weeks
- Any breach of conditions of stay, suspected criminal activity, or potential terrorism links
- Changes to your organisation’s structure (e.g., mergers, takeovers, or insolvency)
- Changes in work locations, including hybrid or remote working arrangements if the worker is permanently working remotely or from home.
4. Compliance with UK Laws and Regulations
- Adhere to all UK employment laws, including:
- National Minimum Wage and Living Wage requirements
- Working Time Regulations
- Right-to-rent checks
- Mandatory checks such as Disclosure and Barring Service (DBS) checks for roles involving children or vulnerable adults
- Ensure the organisation is registered with or approved by relevant authorities (e.g., food businesses must be registered with the food authority).
5. Use of Sponsorship Management System (SMS)
- Ensure all updates, notifications, and changes are accurately reported via the SMS.
- Only authorised personnel (Level 1 and Level 2 users) should manage the SMS.
- Do not allow an SMS user to assign their own CoS or assign a CoS to a close relative or partner.
- Respond promptly to all communications from the Home Office via the SMS message board.
- Keep the SMS up to date with the correct details of your organisation and personnel.
6. Reporting Organisational Changes
- Report any changes in the company structure or ownership (e.g., mergers, takeovers) within 20 working days.
- Report insolvency events, such as administration, receivership, liquidation, or a voluntary arrangement, within 20 working days.
- Ensure that your appointed insolvency practitioner is registered as the Authorising Officer in the Sponsorship Management System.
7. Proactive Compliance Measures (Including Internal Audits)
- Schedule and perform regular internal audits of all records and documentation to ensure compliance.
- Implement stress testing and regular compliance audits to identify and address potential weaknesses.
- Ensure robust attendance tracking, especially for sponsored workers.
- Maintain accurate and updated records of visa expiry dates and plan renewals well in advance.
- Check that all documents are easily accessible and can be provided upon request.
8. Compliance Preparedness (Training and Home Office Visits)
- Train all HR and relevant staff on sponsor licence duties and compliance requirements.
- Update training regularly to reflect any changes in immigration laws or Home Office guidance.
- Be ready for both scheduled and unscheduled visits by the Home Office.
- Ensure all records and documents are up to date, accurate, and accessible.
- Cooperate fully with Home Office inspectors, providing them access to relevant documents and areas.
9. Additional Duties for Specific Sponsorship Routes
- Ensure compliance with any additional requirements specific to the type of sponsorship route:
- Skilled Worker Route: Ensure the worker is registered with the relevant professional body and report if the worker fails to achieve registration within the required timeframe.
- Scale-up Worker Route: Report the actual start date of employment.
- Temporary Worker Routes: Ensure compliance with all route-specific requirements for roles such as Charity Worker, Creative Worker, and Religious Worker, including additional safeguarding duties for sponsoring workers under 18.
- Offshore Workers: Notify the Secretary of State of the arrival and departure dates of offshore workers within 10 working days through the SMS.
10. Prepare for Licence Renewal
- Renew your sponsor licence as required, ensuring all conditions and duties have been met throughout the licence period.
- Keep records of all compliance measures taken to support your renewal application.
11. ATAS (Academic Technology Approval Scheme) Requirements
- Ensure compliance with ATAS requirements for specific roles, particularly those in science, research, and academia. Workers requiring an ATAS certificate must obtain it before starting any relevant work or research in the UK.
12. Genuine Vacancy Requirement
- Ensure that each Certificate of Sponsorship (CoS) is issued for a genuine vacancy that requires the specific skills and experience outlined in the job description. The vacancy should align with the business’s needs and must not be a sham or created to facilitate a migrant’s stay in the UK.
13. Compliance Action Plan and Penalty Management
- In case of non-compliance, prepare a robust action plan to address any issues raised by the Home Office. Regularly review your processes to ensure they meet the standards required.
- Understand the potential consequences of non-compliance, including licence downgrading, suspension, or revocation, and develop a contingency plan.
Useful Links for Sponsor Licence Compliance
- Sponsor Licence Guidance and Resources:
- Sponsorship Guidance for Employers and Educators:
https://www.gov.uk/government/collections/sponsorship-information-for-employers-and-educators - Workers and Temporary Workers: Guidance for Sponsors (Parts 1, 2, and 3):
https://www.gov.uk/government/publications/workers-and-temporary-workers-guidance-for-sponsors-part-1-apply-for-a-licence
- Sponsorship Guidance for Employers and Educators:
- Right to Work Checks:
- Right to Work Checks: An Employer’s Guide:
https://www.gov.uk/government/publications/right-to-work-checks-employers-guide - Online Right-to-Work Checking Service:
https://www.gov.uk/view-right-to-work
- Right to Work Checks: An Employer’s Guide:
- Skilled Worker visa: eligible occupations and codes
- Skilled Worker Visa: Eligible Occupations and Codes:
https://www.gov.uk/government/publications/skilled-worker-visa-eligible-occupations/skilled-worker-visa-eligible-occupations-and-codes
- Skilled Worker Visa: Eligible Occupations and Codes:
- Academic Technology Approval Scheme (ATAS):
Academic Technology Approval Scheme (ATAS):
https://www.gov.uk/guidance/academic-technology-approval-scheme - Compliance with Wider UK Laws:
- National Minimum Wage and Living Wage:
https://www.gov.uk/national-minimum-wage-rates - Disclosure and Barring Service (DBS) Checks:
https://www.gov.uk/dbs-check-applicant-criminal-record
- National Minimum Wage and Living Wage:
2. Third-Party Right to Work Checkers
- TrustID Right to Work Checker:
https://www.trustid.co.uk/right-to-work-checks/
3. Other Useful Resources
- UK Visa Sponsorship for Employers:
https://www.gov.uk/uk-visa-sponsorship-employers
