If you hold a Tier 2 Sponsor Licence, it’s important to stay compliant with the rules and responsibilities set out by UK Visas and Immigration (UKVI). Failure to do so can result in heavy penalties, including suspension, downgrading, or even the revocation of your license. This can severely affect your ability to hire foreign workers and grow your business.
One sector that has been hit hard by these issues is the UK’s restaurant industry, particularly curry houses, which employ many skilled chefs from abroad. As immigration rules become stricter, business owners face increased scrutiny, making it more important than ever to stay on top of compliance.
Many businesses underestimate the time and effort needed to meet Sponsor Licence obligations. Even larger organizations with dedicated HR teams can struggle to keep up with frequent rule changes. Without proper support, the fear of surprise compliance visits from UKVI can be stressful, distracting you from focusing on growing your business.
Here are three reasons why Tier 2 and 5 Sponsor Licence compliance support is essential for your business:
1. Sponsor Licence Rules Change Quickly – Stay Up-to-Date
The rules around Sponsor Licence compliance are constantly changing. These rules are not set in immigration law but are found in the Sponsor Guidance for Tier 2 and 5 visas. The UK government often changes business immigration laws to meet targets, such as reducing net migration, and these changes can catch businesses off guard.
For example, in April 2017, the minimum salary for Tier 2 (General) visa applicants was raised from £25,000 to £30,000. This type of change can be complicated, and if you don’t pay your sponsored employees correctly, it could delay their visa process or cause their application to be denied.
Working with an experienced immigration lawyer helps you stay on top of these changes. By investing in Sponsor Licence compliance support, you can rest assured that you are meeting the latest requirements, saving you from costly mistakes.
2. Record-Keeping is Time-Consuming – Let an Expert Handle It
Keeping accurate records is a crucial part of being a Sponsor Licence holder. However, it’s easy for businesses to neglect this responsibility, especially when key staff are unavailable or overwhelmed with other tasks.
When applying for a Tier 2 or 5 Sponsor Licence, you need to appoint Key Personnel to manage compliance. These staff members must track rule changes, maintain up-to-date records, and ensure reporting systems are in place.
What many businesses don’t realize is that you can outsource these Key Personnel roles to an experienced immigration lawyer. This means you won’t need to worry about whether your Sponsor Management System (SMS) is up-to-date or whether your record-keeping is sufficient. The lawyer will ensure everything is properly maintained, allowing your staff to focus on other important tasks.
3. Penalties for Non-Compliance are Severe
Non-compliance with Sponsor Licence rules can result in serious penalties, including:
- Downgrading or suspension of your Sponsor Licence.
- Revocation of your Sponsor Licence, in extreme cases.
If your license is suspended or revoked, you will not be able to issue new Certificates of Sponsorship (CoS) for foreign workers, which means you could lose the ability to hire skilled workers from outside the UK.
Severe breaches of compliance, such as employing a migrant in a role that doesn’t meet the required skill level, can lead to mandatory license revocation. This would not only harm your business, but any employees on Tier 2 or Tier 5 visas may lose their right to remain in the UK if they can’t find another employer with a Sponsor Licence.
Maintaining a Tier 2 or 5 Sponsor Licence is essential for businesses that need to recruit skilled workers from outside the UK. However, it comes with strict compliance requirements. To avoid penalties, unexpected inspections, and the potential loss of your license, it’s vital to invest in ongoing compliance support.
Law and Visas can help ensure that your business meets all the requirements for Tier 2 and 5 Sponsor Licences. By working with us, you’ll have peace of mind knowing that your compliance needs are being handled by experts, freeing you up to focus on growing your business.
