When applying for a UK sponsor license, businesses are expected to follow the same compliance rules, no matter their size or industry. But does this “one-size-fits-all” approach work for everyone? In this article, we’ll explore what sponsor license compliance is, and whether the rules favor certain types of businesses.
What Is Sponsor Compliance?
SpSponsor Licence Compliance refers to the duties and responsibilities that UK businesses take on when they apply for a Sponsor Licence to hire foreign workers. These duties are designed to ensure businesses are meeting UK immigration and HR standards.
If your business fails to meet these compliance standards, you risk having your sponsor license revoked, downgraded, or suspended. This can happen if the Home Office visits your business and finds issues with your HR practices or record-keeping.
Key Sponsor Duties
When a company applies for a sponsor license, it agrees to take responsibility for its migrant workers and meet several obligations. These include:
- Right to Work Checks – Ensure all employees, including migrant workers, have the legal right to work in the UK.
- Contact Details – Keep updated contact information for each migrant worker so you can be reached at any time.
- Record Keeping – Maintain records of migrant workers’ qualifications, contracts, job descriptions, salary payments, and more. These records must be available for inspection by the Home Office.
- Reporting Changes – Inform the Home Office of any changes in the worker’s employment, such as a promotion, or changes to the business, like a change of address.
- Absence Records – Keep accurate records of employee absences, including holidays and sick leave.
- Compliance with UK Law – Follow all UK employment and health & safety laws and ensure you only offer genuine job opportunities to migrant workers.
Does the “One-Size-Fits-All” Approach Work?
Since the Skilled Worker route was expanded in December 2020, businesses in more industries can sponsor migrant workers. Previously, only high-level office jobs like those in IT, finance, and business development qualified for sponsorship. But now, businesses in sectors like hospitality, retail, and construction can also sponsor workers.
With the rise of remote and hybrid working, some businesses no longer have a traditional office space. For example, IT consultancies or virtual companies may not have the same HR setup as a typical 9-5 office business. Despite these changes, the sponsor duties still apply equally to all businesses.
Who Might Struggle with Sponsor Compliance?
Some businesses may find it harder than others to meet the Home Office’s sponsor compliance requirements. For example:
- High staff turnover: Frequently changing employees can make it harder to keep track of records.
- Managers juggling multiple roles: Small businesses with limited staff may struggle to stay on top of HR duties.
- Remote or hybrid working: Businesses with employees working from home or multiple locations may find it challenging to manage HR processes.
- Casual workers: Companies using off-payroll workers or contractors may face difficulties with record-keeping.
- Lack of HR systems: Start-ups or small businesses with no dedicated HR systems could find it harder to meet the requirements.
Can Any Business Become Compliant?
Yes! While some industries or business models may face more challenges than others, any business can comply with the sponsor’s duties. For example, businesses in highly regulated sectors like finance or law may already have systems in place that can easily incorporate sponsor compliance. However, it’s essential to implement the right HR policies for your specific business needs.
If you’re a start-up or small business with no HR systems yet, don’t be discouraged. You can still be a compliant sponsor. The key is to plan and implement systems that work for your business.
Why Seek Expert Advice?
Understanding sponsor license compliance rules is important, but taking action to implement them is just as crucial. Rather than trying to figure out the complex rules on your own, it’s often best to consult a qualified immigration lawyer or HR expert. A good advisor can guide you through the process, tailor compliance strategies to your business, and help you set up the systems you need.
While the sponsor compliance rules may seem easier to follow for businesses with traditional office jobs, companies of all types can successfully meet the requirements. Whether you run a busy restaurant, a tech start-up, or a construction company, with the right approach and support, you can stay compliant.
It’s easy to feel overwhelmed at first, but after proper training and planning, the process will feel much simpler. When you take the time to engage with the right legal advisor and implement practical HR systems, compliance will become straightforward.
How Law and Visas Can Help?
At Law and Visas, we provide expert advice and support to help businesses in any industry apply for and maintain their sponsor license. Whether you’re a large corporation or a small start-up, we can tailor our services to meet your unique needs. Let us help you navigate sponsor compliance and achieve the results you need.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas and permits they need for international travel. Call us today at +234 812 5505 986 to learn how we can assist you.
