Any UK organisation employing foreign workers must comply with the sponsor licence requirements. Non-compliance could mean your licence is suspended or revoked or heavy fines are imposed. This guide gives in-depth insight into some critical aspects regarding how an organisation can maintain compliance and adhere to the UKVI's regulations.

Understanding Sponsor Licence Requirements

The core role of a sponsor is to ensure that the sponsored workers comply with the conditions of their visas. This includes several essential responsibilities, including the following:

Record-keeping

Sponsors must keep accurate records of their sponsored workers, including copies of passports, right-to-work documents, and proof of qualifications. This recordkeeping should be consistently updated for compliance purposes. This ensures that information regarding the sponsored workers is always readily available should the Home Office launch an audit or inspection.

Reporting obligations

Sponsors are required to report specified events to UKVI within specific periods. This implies that any change in the worker's status, new employment, salary change, or end of employment with the sponsor must be reported via the SMS system. An additional penalty may be imposed, or under the sponsor licence, an amended reduction in rating will be imposed for not reporting such a change.

Monitoring obligations

In addition, periodic checks should be carried out on sponsored employees to ascertain their compliance with the terms of their visas. These include a record of visa expiry dates and the fact that sponsored employees are working in the jobs described in their Certificates of Sponsorship. Regular checks and updates avoid any risk of non-compliance due to changes in an employee's status.

How to Prepare for Home Office Compliance Visits

The Home Office can conduct compliant visits to your organisation at any time, both announced and unannounced, to inspect an organisation's compliance with the sponsor licence requirements. Officers will check several critical areas at any visit, so ensure all your staff have the legal right to work in the UK. Ensure that sponsored employees attend work and undertake the activities described in their CoS. This ensures that the employees are not only there but also doing the job roles for which they were employed. 

Ensure that all relevant records can be made available and kept up to date. Good record-keeping for immediate inspection is paramount when these visits occur.

Possible Outcomes of Failing to Comply

The failure to comply with the sponsor licence requirements may result in:

Licence Downgrade: Minor infringements may result in the licence being downgraded to a B rating. This will prevent the sponsor from assigning new employees until wrongs are righted. It also limits the organisation's ability to take new blood into the workforce, and thus, further measures may be necessary to reinstate the A rating.

Licence Suspension: Sponsor Licence Suspension occurs in serious breaches, where all sponsorship activities halt pending investigation. For example, during this time, an organisation must refrain from sponsoring new employees or renewing current sponsorships, which disrupts business.

Licence Revocation: This could be the case in severe breaches, whereby a licence is revoked, and with immediate effect, sponsorship of all employees ends. A cooling-off period is required before reapplying. This is the worst of all outcomes, which means an organisation cannot operate because of the implications. 

Practical Steps to Ensure Proper Compliance

The robust HR processes lie at the fulcrum of compliance maintenance:

Accurate Record-Keeping: Detailed record-keeping of all sponsored employees shall be maintained, including their right-to-work documents and visa information. Keeping accurate records means that all required information will be at hand and ready to be presented during an inspection.

Regular Audits: Internal audits ensure that all records are accurate and according to the sponsor licence requirements laid down by UKVI. They also identify and rectify discrepancies before they become big issues.

Training of Key Personnel: Continuous training is imparted to the HR staff and critical personnel regarding compliance responsibilities and best practices. Training ensures that all staff members are aware of their compliance roles and responsibilities.

Stay Informed on Immigration Law Changes

The law on immigration and the sponsor licence requirements are changing constantly. It is important to keep up to date. Check regularly for updates from UKVI and legal advisory firms. This ensures that the organisation is informed of any change in the regulations and can plan accordingly. Ensure key personnel are trained on an ongoing basis regarding any changes to the immigration laws and compliance requirements. Continuous training keeps staff members current with the latest regulations and best practices.

Adhere to Proactive Compliance Strategies

Take proactive steps to be ahead of compliance requirements and reduce the risk of receiving penalties, including:

Pre-emptive Audits: Conduct mock audits to identify possible lacunae in compliance before the Home Office visit. Mock audits help simulate accurate inspections and prepare an organisation for compliance visits.

Regular Updates: The company records and status of employees should be updated regularly to show changes promptly. This confirms that the information therein is current and accurate.

Collaboration with Experts: Strategize and work with experts on immigration law to review and change strategies for compliance. The experts will give valuable insights and advice regarding actions to maintain compliance​.

Dealing with Compliance Visits

In case of a Home Office compliance visit, be fully prepared. Make all relevant records readily available for inspection by the Compliance Officer. Good record-keeping will help the inspecting process run more smoothly and swiftly. Be cooperative with the compliance officer. Give them access to all relevant premises and documents. Cooperation will show that the organisation takes compliance seriously. The response must be quick if there are any adverse findings during the visit. Inform the Home Office of any corrective action taken. Following up on identified issues ensures they are resolved quickly and effectively.

Get Legal Representation

Any organisation employing foreign workers should make sure that they take all possible steps to ensure ongoing compliance with the sponsor licence requirements. For professional advice and guidance to meet the criteria of a Sponsor licence, look no further than A Y & J Solicitors. Their highly experienced team can offer tailored advice and representations to guide you through the complexities of the UKVI regulations, keep your sponsor licence in good standing, and avoid sponsor licence suspension. Ensure your compliance strategy is robust and effective by contacting A Y & J Solicitors today.

A Y & J Solicitors is a specialist immigration law firm with extensive experience with sponsor licence requirements. We have an in-depth understanding of immigration law and are professional and results-focused. For assistance with your visa application or any other UK immigration law concerns, please contact us at +44 20 7404 7933. We’re here to help!