Ensuring success: Sponsor compliance
With the Government’s pledge to enforce stricter rules for sponsor licence holders, ensuring compliance with immigration rules and guidance is more important than ever.
Successful sponsor licence compliance requires proactive management and a thorough understanding. The responsibilities start from the day the sponsor licence is granted. Failure to meet these obligations can result in fines, suspension or revocation of the licence.
What are the key Sponsor Licence duties?
As a Sponsor, you have duties designed to prevent abuse of immigration rules and ensure the integrity of the UK’s immigration system, including:
Reporting
You should inform the Home Office of specific changes through the Sponsor Management System, usually within ten working days. Changes might include an employee not showing up for work on their first day or being absent without permission.
Record-keeping
You must keep accurate records of each sponsored worker, including evidence of qualifications and pay details. These should be kept securely and continuously updated and maintained. The immigration guidance outlines the documents you must retain and their respective retention periods.
Compliance
Beyond immigration rules, you must adhere to broader UK laws, including employment regulations and minimum wage requirements. Acting for the public good is crucial, meaning employers should avoid actions that may harm the public interest or compromise their integrity as sponsors.
Monitoring Sponsored Workers
You must ensure your sponsored workers have the necessary skills and qualifications. Retain copies of documents such as passports and employment contracts. Track a sponsored worker’s attendance, maintain updated contact details, and report significant employment status or role changes to the Home Office.
Diligence
You must diligently manage licences to maintain compliance with sponsor duties. This might include:
- Appoint key personnel, including an Authorising Officer, Key Contact and Level 1 User. They are responsible for the day-to-day management of the licence, including maintaining records and reporting to the Home Office.
- Regular monitoring and auditing: you should conduct regular internal audits of its sponsorship processes, ensuring that records are updated on the HR system. You should be organised to ensure that records are accurately kept and easily accessible in case of a compliance audit from the Home Office.
- Training and awareness: you must ensure that all staff involved in the sponsorship process are trained in the relevant rules and responsibilities. Awareness of key dates for reporting, renewals, and compliance obligations can help avoid mistakes and any instances of non-compliance.
- Stay informed: Immigration rules and sponsor requirements frequently change. Keeping up to date with the latest sponsor guidance is critical to stay compliant.
For more information about this article or any other aspect of People Solutions. Reimagined. download our App for Apple or Android, and contact your integrated employment law, business immigration, HR, and health & safety team at AfterAthena today.
The latest in expert advice
Sign up to our newsletter for the latest insights and events from AfterAthena.