If you hold a Tier 2 Sponsor Licence, you must stay compliant with UK Visas and Immigration (UKVI) rules. One of the biggest challenges is being prepared for a compliance inspection, which UKVI officers can conduct at any time, with or without notice. Inspections can happen for reasons like applying for or renewing your licence, or if UKVI has concerns. Some industries, like catering and hospitality, are more likely to be inspected due to higher risk.
To make sure you pass your compliance inspection and keep your Sponsor Licence, it’s important to be prepared. Here are 8 tips that can help you survive a UKVI compliance audit:
1. Ensure You’re Filling Genuine Vacancies
A key issue during compliance audits is whether the jobs filled by sponsored workers could have been done by local (settled) workers instead. You must show that you’ve advertised the position for at least 28 days and couldn’t find a local candidate. Keep records of all applicants and why they were unsuitable. This is part of the Resident Labour Market Test (RLMT), which UKVI will check during the inspection.
2. Keep HR Records Up-to-Date
UKVI will want to see that your records are complete and current. You must have:
- Contact details for every sponsored worker.
- Attendance records for all employees, and a system to report any attendance issues.
- Right-to-work documents and additional records as outlined in the Sponsor Guidance (SG).
Make sure these records are easily accessible for inspection.
3. Clarify Employee Roles
UKVI inspectors often interview sponsored employees to confirm they are working in the role specified in their Certificate of Sponsorship (CoS). Be sure that the job title, responsibilities, and pay match what’s stated in their CoS. Sponsored workers should also understand their job description clearly.
4. Bring an Immigration Lawyer
It’s always a good idea to have a professional immigration lawyer with you during the audit. This shows UKVI that you take compliance seriously and ensure that the officers are acting within their powers. Your lawyer can also take notes during the visit, which will be helpful if there are any misunderstandings or disputes later on.
5. Cooperate Fully with UKVI Staff
During the audit, work with the officers and respond to their requests. Ensure that the right staff members are available and willing to help with the inspection. Lack of cooperation could result in your Sponsor Licence being suspended or revoked.
6. Share Responsibility for Compliance
Maintaining compliance shouldn’t be left to just one person in your company. All Key Personnel must be trained on their roles and responsibilities. Compliance should be a shared responsibility across the business, with everyone understanding the importance of following the rules.
7. Check Your Paperwork
Proper record-keeping is essential. Make sure that all your records are up-to-date and organized. UKVI will want to see that you have all the required documents and can easily access them when needed.
8. Practice Mock Audits
Running mock audits regularly is one of the best ways to stay prepared. This allows you to check if all aspects of your compliance are in order and gives your staff the chance to practice responding to an inspection. A mock audit will reduce stress if you get an unannounced visit.
Preparing for a Tier 2 Sponsor Licence Compliance Inspection can seem daunting, but with a solid system in place, you can manage it. Regular audits, up-to-date records, clear roles for staff, and having an immigration lawyer on hand will ensure your business stays compliant.
At Law and Visas, we offer expert support to help you maintain compliance with UK’s requirements. If you need help with your Sponsor Licence or preparing for a compliance inspection, contact us today. We can guide you through the process and ensure you’re ready for any inspection, keeping your license secure.
