If you already have a UK sponsor license or plan to apply for one in 2024, it’s important to remember that getting the license is just the first step. To keep your sponsor license, you need to comply with UK immigration rules for sponsoring overseas workers. Here are 9 proven methods for maintaining Home Office compliance with your sponsorship duties.
1. Understand Your Sponsorship Duties
To stay compliant, you must fully understand your responsibilities as a sponsor. These include:
- Keeping accurate records (e.g., contact details of sponsored workers).
- Reporting changes to UK Visas and Immigration (UKVI).
- Ensuring that sponsored workers have valid visas and comply with their visa conditions.
- Complying with immigration laws.
- Avoiding actions that go against the public good.
If you fail to meet these duties, your sponsor license could be downgraded, suspended, or revoked, meaning you can’t hire new workers and current workers might lose their visas.
Make sure you, as a business owner or director, understand these duties so you can set up the right checks in your business.
2. Create and Update Policies and Procedures
It’s important to have clear HR policies for managing your sponsored workers. These should include:
- When and how to hire a sponsored worker.
- The requirements that must be met, such as salary and qualifications.
- How to carry out right-to-work checks.
- How to issue a Certificate of Sponsorship (CoS).
- What to do if a worker doesn’t show up for work.
- How to meet Home Office reporting requirements.
- Keeping accurate records for all sponsored workers.
Make sure your policies are regularly updated, especially when the law changes.
3. Provide Ongoing Training
It’s not enough to just have policies; your team must know how to follow them. Training is key. Ensure key staff members—such as Authorising Officers, Level 1 Users, and Key Contacts—receive training when they first join the team and refresher training at regular intervals (e.g., annually).
Be sure to train staff when new rules are introduced and make arrangements for coverage if someone is absent.
4. Prepare for Audits with Mock Audits
UKVI conducts unannounced audits to check if businesses are following the rules. To avoid surprises, conduct mock audits regularly. You can hire immigration lawyers to perform these audits and identify any gaps in compliance. If any issues are found, they can help resolve them, so you’re always ready for a real audit.
5. Assign Key Personnel to Manage Your Sponsorship Licence
As a sponsor, you must have the right people in place to manage your Sponsorship Management System (SMS). These include:
- Authorising Officer: Responsible for overseeing the use of the SMS.
- Key Contact: Your main point of contact with UKVI.
- Level 1 and Level 2 Users: Manage the day-to-day activities in the SMS.
Ensure these people are suitable and replace them if they leave. Don’t forget to update UKVI with their details.
6. Keep Detailed and Updated Records
Maintaining up-to-date records for all sponsored workers is crucial. UKVI may ask for these records during an audit, so make sure you have accurate information on file, including:
- Contact details.
- Immigration status and permission to work in the UK.
- Visa details and expiry dates.
- National insurance number.
- Salary and job details.
- Recruitment records.
7. Use Automated Systems to Help with Compliance
To make compliance easier, consider using software or automated systems. You can set up reminders to check visas, automate workflows for hiring sponsored workers, and ensure that all processes are followed correctly. This helps reduce the chances of missing any important steps.
8. Carry Out Right-to-Work Checks for All Employees
It’s a legal requirement to check the right to work for all employees, whether they are sponsored workers or not. This includes permanent, temporary, part-time, seasonal workers, contractors, and even volunteers. Carrying out these checks ensures you stay compliant with your sponsor license duties.
9. Address Issues Quickly
If any issues arise—whether with a sponsored worker or your compliance systems—deal with them immediately. If someone reports that policies aren’t being followed or there are gaps in your process, take action. Failing to address problems can lead to serious compliance issues and could be flagged during a UKVI audit.
By setting up solid compliance processes, policies, and training, you’ll be well-prepared to meet your sponsor license duties. It’s important to keep everything up to date and review these processes regularly. Additionally, working with an experienced immigration lawyer can help ensure your business stays compliant at all times, including conducting mock audits to catch any potential issues before UKVI does.
If you need help staying compliant with your sponsor license or have questions about recruiting overseas workers, contact Law and Visas. We offer expert advice and support to help you manage your sponsorship responsibilities.
