Obtaining a Sponsor Licence is a significant milestone for organisations aiming to employ skilled workers from outside the UK. However, maintaining sponsor licence compliance with the stringent requirements and obligations set by the UK Visas and Immigration (UKVI) is crucial for long-term success. In this blog post, we will explore the key aspects of sponsor licence compliance and provide valuable insights to help your organisation navigate this complex landscape.
Understanding Sponsor Licence Compliance
Sponsor licence compliance refers to the adherence to the rules and regulations outlined by the UKVI. Compliance ensures that organisations meet their legal obligations and responsibilities, ensuring fair and lawful practices in sponsoring skilled workers.
Importance of Compliance
Compliance is vital for several reasons:
- Retaining your Sponsor Licence: Non-compliance can result in the revocation or suspension of your Sponsor Licence, leading to severe disruptions to your operations and loss of skilled workforce.
- Protecting your Reputation: Demonstrating compliance showcases your organization as one that operates ethically and within the boundaries of the law, enhancing your reputation in the business community.
- Avoiding Penalties and Legal Issues: Failure to comply with sponsor duties can result in fines, penalties, and potential legal consequences, negatively impacting your financial stability and operational continuity.
Section 1: Understanding Sponsor Licence Compliance
Sponsorship is a privilege, not a right. The sponsorship system reflects that those who benefit directly from migration (employers, education providers or other organisations who bring in overseas nationals) should play their part in ensuring the immigration system is not abused. Significant trust is placed in sponsors and they must ensure they comply with immigration law and wider UK law, and not behave in a manner that is not conducive to the wider public good.
To achieve these aims, all licensed sponsors must fulfil certain duties. Some of these duties apply to all sponsors, whilst others are specific to those licensed under certain routes.
The objectives of these duties include, but are not limited to:
- preventing abuse of immigration laws and sponsorship arrangements
- capturing early any patterns of behaviour that may cause concern
- addressing possible weaknesses in the process which can cause those patterns
- monitoring compliance with the Immigration Rules, all parts of the Worker and Temporary Worker sponsor guidance, and wider UK law (such as employment law)
- ensuring sponsors do not behave in a way that is detrimental to the wider public good
Section 2: Key Sponsor Licence Duties and Responsibilities
Your duties as a licensed sponsor include:
Reporting duties
You must report certain changes that affect your sponsored workers or your organisation within the time limits set out below:
- changes to a sponsored worker’s circumstances – unless otherwise stated, you must report these changes within 10 working days of the relevant event occurring
- if you know or suspect a worker you are sponsoring has breached their conditions of stay
- give the police any information that suggests any worker you are sponsoring on any route may be engaged in terrorism or criminal activity
- Reporting changes to your organisation
Change of worker’s circumstances
You must report the following changes to a sponsored worker’s circumstances by no later than 10 working days after the relevant change or event has occurred, or as otherwise specified below:
- a sponsored worker does not start the role for which you are sponsoring them within 28 days
- a sponsored worker is absent from work without your permission for more than 10 consecutive working days
- a sponsored worker is absent from work without pay, or on reduced pay, for more than 4 weeks in total in any calendar year (or during the period you are sponsoring them if they are a Scale-up Worker) and a valid exception applies
- a sponsored worker’s salary or pay is otherwise reduced from the level stated on their CoS
- there are significant changes to the details of the worker’s employment, other than those which require a change of employment application, such as job role’ core duties promotion etc.
Record-keeping duties
A licensed sponsor must keep certain documents for each worker they sponsor. Appendix D of the sponsor guidance lists these documents and how long you must keep them. The documents can be kept in paper or electronic form. If kept electronically, you must make sure that all the relevant parts of the document are visible as described in Appendix D.
You must give the Home Office when asked, any documents relating to your sponsored workers or the running of your organisation that we consider relevant to assessing your compliance with your duties as a sponsor. The Home Office might, for example, ask for details of your recruitment practices so that we can make sure that a resident labour market test, where this is a requirement, was carried out correctly. If you fail to provide the documents when asked or within the timeframe specified, the Home Office will take action against you.
If you sponsor a child aged under the age of 18, you must keep a copy of a consent letter from their parents or legal guardian, or just one parent if that parent has sole legal responsibility for the child. This should contain their consent to the child’s application and to the child’s travel, reception and care arrangements in the UK. Children aged 16 and 17 have the legal right to live independently in the UK and may make their own arrangements for accommodation, but they need the consent of their parent(s)/legal guardian to do this and to travel to the UK if applying from overseas.
Some of the documents you must keep as part of your sponsorship duties may also need to be kept for other purposes and, in some cases, for a longer period than that which is required for sponsorship purposes (for example, to comply with legislation on preventing illegal working). You must meet any legal requirements for record-keeping set by us or another government department.
Complying with our immigration laws
You must comply with our immigration laws and all parts of the Worker and Temporary Worker sponsor guidance. To do this, you must:
- only employ workers who are appropriately qualified, registered or experienced to do the job or will be by the time they begin the job – for example, if the worker will be sponsored as a doctor, you must make sure they have the correct registration that allows them to practise legally in the UK
- keep a copy of any registration document, certificate or reference that confirms they meet the requirements of the specific job, and give this to us on request – we may request further information or evidence from you or the worker to confirm this requirement is met
- not employ workers where they do not have the experience, qualifications or immigration permission to do the job in question and stop employing any workers who, for any reason, are no longer entitled to do the job
- not assign a CoS where there is no genuine vacancy or role which meets the Worker or Temporary Worker criteria – if you assign a CoS and we do not consider it is for a genuine vacancy, we reserve the right to suspend your licence, pending further investigation which may result in your licence being revoked
- only allow the worker to undertake the roles permitted by the conditions of their stay
- only assign a CoS to workers who you believe will meet the immigration requirements of the route on which you propose to sponsor them, and are likely to comply with the conditions of their permission
- disclose (by adding a sponsor note) if you assign a CoS to a family member of anyone within the sponsor organisation if it is classed as a small or medium-sized business, or if you are aware you are assigning a CoS to a family member of anyone else within a sponsor organisation classed as a large business
- only assign a CoS to a worker if you are satisfied they intend to and are able to, fill the role
- where relevant, understand and fulfil your responsibilities in relation to the Academic Technology Approval Scheme (ATAS) requirement
Complying with wider UK law
You have a duty to comply with wider UK law (other than immigration law). This includes, but is not limited to:
- complying with UK employment law, including, but not limited to, National Minimum Wage, the Working Time Regulations, and (where required) enrolling your employees on a pension scheme
- complying with illegal working and right-to-rent legislation
- holding suitable planning permission, local planning authority consent or any legally required licence registration or approval to run your type/class of business at your trading address (where this is a local authority requirement)
- if you are a food business, being registered with or approved by the relevant food authority
- if you are required to be registered with or inspected or monitored by a statutory body to operate lawfully in the UK (such as a nursing or care home, financial or insurance business, or healthcare provider), ensuring you are registered with the appropriate body
- only employing a worker who has had a Disclosure and Barring Service (DBS) check, where this is a requirement for the role
- where relevant, complying with our requirements on safeguarding children
- not engaging in any criminal activity
- not being subject to UK or UN-imposed sanctions
- paying VAT or other duty penalties
Behaviour that is not conducive to the public good
All sponsors have a responsibility to behave in a manner that is consistent with our fundamental values and is not detrimental to the wider public good. The Home Office will not license organisations whose actions and behaviour are non-conducive to the public good. Such actions and behaviour include but are not limited to:
- fostering hatred or inter-community division
- fomenting, justifying or glorifying terrorism
- rejecting the rights of, or discriminating against, other groups or individuals on the basis of their sex, age, disability, gender reassignment, sexual orientation, marital or civil partnership status, race, or religion or belief (including lack of belief)
Section 3: Benefits of Maintaining Compliance
- Discuss the advantages of adhering to sponsor licence compliance.
- Highlight how compliance protects your licence, enhances your reputation, and prevents penalties.
- Emphasize how compliance fosters a positive relationship with the UKVI and promotes a culture of ethical and legal practices.
Section 4: Best Practices for Sponsor Licence Compliance
- Offer practical tips to ensure effective compliance:
- Appoint dedicated personnel responsible for compliance.
- Establish robust HR systems and processes for record-keeping.
- Provide comprehensive training to key staff members.
- Conduct regular audits and reviews to identify and address any compliance gaps.
- Stay updated on changes to immigration policies and adjust practices accordingly.
Conclusion:
In conclusion, sponsor licence compliance is a critical aspect of hiring skilled workers from outside the UK. By understanding the duties and responsibilities, implementing best practices, and seeking professional assistance when needed, you can ensure successful compliance with UKVI regulations. Prioritizing compliance not only protects your licence but also enhances your organization’s reputation and fosters a culture of ethical and lawful practices.
Remember, compliance is an ongoing process that requires regular monitoring, adaptation to policy changes, and a commitment to upholding the highest standards. By staying informed and proactive, you can navigate the complexities of sponsor licence compliance with confidence.
