As an employer holding a UK Sponsorship Licence, you play a vital role in the nation’s workforce by facilitating the employment of foreign workers. As a result, it is crucial to ensure your company adheres to the sponsor duties and compliance requirements. This article provides a comprehensive overview of these obligations, emphasising why choosing a leading London Immigration Law Firm such as ours is crucial for ensuring advice on how to maintain seamless compliance with the relevant rules.
Sponsor Licence Duties and Compliance Requirements
As a UK employer with a sponsor licence, a range of duties and compliance requirements must be observed to prevent any misuse of immigration laws. These obligations, established by the Home Office, encompass: monitoring, record-keeping, and reporting to maintain the integrity of the immigration system.
Non-compliance with these duties may result in severe consequences, including the downgrading, suspension, or revocation of your sponsor licence. Losing this privilege not only impacts your ability to hire foreign workers but may also necessitate the abrupt departure of existing sponsored employees.
It is essential to highlight that these duties apply uniformly to both long-term and short-term temporary worker visa sponsors. For detailed legal advice on the requirements and compliance, contact our expert immigration team.
Reporting Duties
One of the cornerstones of sponsor licence compliance is fulfilling reporting duties promptly. The Sponsor Management System (“SMS”) serves as the conduit for reporting various events within specified timeframes. Key reporting obligations include notifying the Home Office within 10 working days if a sponsored worker fails to commence employment, is absent without permission for more than 10 days, or if their employment is terminated prematurely.
Additional reports within 20 working days are mandatory for events such as a change in the company’s name, business sale, merger, insolvency, or a substantial change in business nature. A detailed list of reporting duties is available on the Home Office website, providing a comprehensive guide for licence holders.
Record-Keeping Duties
Maintaining accurate records is another vital aspect of sponsor licence compliance. Employers must retain copies of essential documents for each sponsored worker, including passports, visas, biometric residence permits, contact details, DBS checks, and records of absences. Financial records, such as payslips and employment contracts, must also be meticulously preserved.
The Home Office’s Appendix D record-keeping provides a detailed list of required documents, serving as a valuable resource for licence holders. Keeping key personnel details up-to-date, including Authorising Officer, Level 1 and 2 users, and Key Contact, is essential using the SMS system.
Complying with UK Immigration Laws and Wider UK Laws
In addition to immigration laws, sponsor licence holders are obligated to comply with broader UK laws. Ensuring that sponsored workers possess the requisite qualifications, registration, or experience for their roles is crucial. Employers must refrain from assigning Certificates of Sponsorship (“CoS”) without genuine vacancies and ensure that sponsored workers adhere to the conditions of their stay.
Beyond immigration laws, adherence to UK employment laws covering minimum wages, working hours, holidays, and health and safety is paramount. Having the necessary permissions for business operations at the trading address is equally important.
Not Engaging in Actions Against the Public Good
Sponsor licence holders must refrain from engaging in actions or behaviour contrary to the public good. Activities fostering hatred, terrorism endorsement, or discrimination based on protected characteristics are strictly prohibited.
Consequences of Non-Compliance
The Home Office conducts periodic compliance visits to assess adherence to sponsor licence requirements. Non-compliance may lead to the downgrade of your licence, suspension, or revocation. A B-rating downgrade allows for corrective actions, while suspension entails a thorough investigation. Revocation is reserved for serious breaches, necessitating a 12-month ‘cooling-off’ period before reapplying for sponsorship.
In conclusion, understanding and fulfilling sponsor duties is crucial for maintaining a UK Sponsorship Licence. Seeking advice on how to maintain compliance from our leading London Immigration Solicitors ensures not only compliance but also expert guidance throughout the licensing journey. Secure your sponsorship success with our dedicated legal support, navigating the complexities of immigration law with confidence.
Why Choose Our Leading London Immigration Law Firm?
Ensuring compliance with sponsor duties is a complex and critical task. Our expert Immigration Solicitors specialises in preparing and submitting Sponsorship Licences, conducting post-licence mock compliance audits, and providing expert advice throughout the process. With a proven track record of success, our legal experts navigate the intricacies of immigration law, safeguarding your licence and fostering a seamless sponsorship experience.
UK Business Sponsor Licence Solicitors
Our immigration lawyers have extensive experience in preparing Sponsor Licence applications for businesses/employers regardless of whether the employer is a start up or large enterprise. Our immigration team can offer the following services:
- Consultation with an experienced business immigration solicitor who can advise on the eligibility criteria of a Sponsor Licence application;
- Provide the business/company with a bespoke supporting documents list which will assist in collating documents required for the Sponsor Licence application;
- Prepare the relevant application form and detailed legal representations to accompany the application; and
- If necessary liaise with the Home Office to track the progress of the application.
We are an Immigration law firm based in Middle Temple, London and our solicitors are fully authorised by the Solicitors Regulation Authority (SRA). Contact our specialist immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our Contact Form or give us a call on 02030110276.