As a UK employer holding a Sponsorship Licence, your role in facilitating the employment of foreign workers is pivotal to the nation’s workforce. However, with this responsibility comes the obligation to adhere to strict sponsor duties and compliance requirements. Failing to comply can lead to significant repercussions, including the loss of your licence and the ability to employ foreign workers. This comprehensive guide explains the key sponsor duties and highlights why partnering with a leading London law firm, such as ours, is crucial for seamless compliance.
Understanding Sponsor Licence Duties and Compliance
What Are Your Sponsor Licence Responsibilities?
As a UK employer with a sponsor licence, you must adhere to a range of duties set out by the Home Office. These include:
- Monitoring: Regularly monitor the immigration status and working conditions of your sponsored workers.
- Record-Keeping: Maintain accurate records of all sponsored employees, including their visas, contact details, and job duties.
- Reporting: Promptly report any changes in your organisation or the status of your sponsored employees to the Home Office.
Failing to meet these obligations can lead to severe consequences, such as downgrading, suspension, or even revocation of your sponsor licence. This not only affects your ability to hire foreign workers but could also force the departure of current sponsored employees.
Reporting Duties: What You Need to Know
Timely reporting is critical to maintaining your sponsor licence. Using the Sponsor Management System (SMS), you must report various events within specific timeframes:
- Within 10 Working Days: Notify the Home Office if a sponsored worker does not start their employment as expected, is absent for more than 10 days without permission, or if their employment ends prematurely.
- Within 20 Working Days: Report significant changes, such as company name changes, mergers, insolvency, or substantial shifts in business operations.
For a complete list of reporting requirements, refer to the Home Office guidelines. Ensuring accurate and prompt reporting can protect your licence from unnecessary risks.
Record-Keeping Duties: Essential Documentation
Maintaining comprehensive records is another cornerstone of sponsor licence compliance. You must keep copies of key documents for each sponsored worker, including:
- Passports and visas
- Biometric residence permits
- DBS checks (if applicable)
- Employment contracts and payslips
- Records of absences
These documents should be readily available for inspection by the Home Office. Proper record-keeping not only ensures compliance but also supports your case in the event of a compliance audit.
Compliance with UK Immigration and Employment Laws
In addition to immigration laws, sponsor licence holders must adhere to broader UK laws. This includes ensuring that:
- Qualifications: Sponsored workers have the necessary qualifications and experience for their roles.
- Employment Laws: You comply with UK employment laws, including minimum wage, working hours, and health and safety regulations.
Additionally, employers must not assign Certificates of Sponsorship (CoS) where there is no genuine vacancy and must ensure that all business operations are legal at the trading address.
Avoiding Actions Against the Public Good
As a sponsor licence holder, you are responsible for upholding the public good. This means avoiding any actions that promote hatred, endorse terrorism, or discriminate against individuals based on protected characteristics. Failing to do so could result in the revocation of your licence.
Consequences of Non-Compliance
The Home Office regularly conducts compliance visits to ensure that sponsor licence holders meet their obligations. If non-compliance is detected, the potential consequences include:
- Downgrading: Your licence could be downgraded to a B-rating, requiring immediate corrective action.
- Suspension: A suspended licence triggers a thorough investigation and temporarily halts your ability to sponsor new workers.
- Revocation: In cases of severe non-compliance, your licence could be revoked, leading to a 12-month ‘cooling-off’ period before you can reapply.
To avoid these outcomes, it is essential to seek advice on maintaining compliance from our specialist immigration solicitors. We provide the legal expertise and support needed to navigate the complexities of UK immigration law, ensuring your business remains compliant.
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.