If your business relies on skilled foreign workers, staying compliant with UKVI regulations is essential to avoid fines, loss of workers, or suspension of your Sponsor Licence. UKVI is increasing compliance inspections, especially in sectors like restaurants. Proper preparation can help your business pass a UKVI Sponsor Licence Compliance and avoid complications.
1. Stay Organised
Make sure all your records are well-organized and easy to access. Keep essential documents like the Certificate of Sponsorship (CoS), employee passports, and biometric residence permits (BRP) in each employee’s file. Also, ensure that you update contact details regularly and maintain these records for the required period as per Sponsor Guidance (SG).
2. Conduct a Full Resident Labour Market Test (RLMT)
For every position you intend to fill with a foreign worker, you must conduct a Resident Labour Market Test (RLMT) unless the position is exempt (check if the role is in a Shortage Occupation on gov.uk). The test requires you to advertise the job for 28 days and keep a record of all applicants and why they were unsuitable for the position.
3. Carry Out Right to Work Checks
Ensure Right to Work checks are conducted for all employees, including those on Tier 2 visas. This check ensures that your foreign workers are legally allowed to work in the UK. Keep clear records of these checks in each sponsored worker’s file. To avoid discrimination, you must conduct the same checks for all employees.
4. Maintain Careful HR Procedures
Your HR department needs to closely monitor the attendance and contact information of every sponsored employee. Any changes, such as missed workdays or updates to contact details, must be reported immediately using the Sponsor Management System (SMS). It’s also important to track the expiry dates of sponsored workers’ visas to ensure they don’t continue working after their visa expires.
5. Ensure SMS is Up-to-Date
Check that your Sponsor Management System (SMS) accurately reflects your organization’s representatives and their level of access. If there are any changes in your business, such as new employees or changes in roles, report them to UKVI right away. It’s also a good idea to have an immigration lawyer manage your SMS to ensure everything stays compliant.
6. Pay Employees Correctly
Make sure all sponsored employees receive the correct salary in line with the guidelines. Cash payments are not acceptable, so it’s safer to pay via bank transfer. Accurate payroll records are essential, as UKVI may review these during a compliance inspection.
7. Conduct Mock Audits
One of the best ways to prepare for a compliance inspection is to run mock audits. These practice checks help you ensure that your systems, records, and procedures are fully compliant. It also helps employees understand what to expect during an actual inspection and how to answer questions in a professional and compliant manner.
Mock audits also give you the chance to spot weaknesses in your HR processes, so you can fix them before UKVI comes knocking.
8. Be Ready for the Inspection
Finally, if UKVI visits your business, be ready. Ensure the relevant staff are available, and cooperate fully with the officers. Having an immigration lawyer present during the inspection can help ensure everything is handled correctly.
Need Help with Your Sponsor Licence?
At Law and Visas, we help businesses navigate the complexities of maintaining a Sponsor Licence. Whether you need assistance with applications, mock audits, training, or dealing with compliance issues, we’re here to support you every step of the way.
Contact us today for expert advice and guidance to ensure your business stays compliant and your workforce remains secure.
