As UKVI enforcement actions rise, it is crucial for licensed sponsors to stay compliant with their duties, especially in preparation for a compliance visit. Irfan Ali, our Partner and business immigration expert, provides his key insights.
A sponsor licence allows organisations to sponsor workers from inside and outside the UK, who are subject to immigration control. In order to obtain a sponsor licence, organisations must submit an application online to UKVI. As well as submitting an online application, supporting documents must be provided to show that the company is genuine and trading in the UK. Further information on Skilled Worker sponsor licences can be found here.
Holding a sponsor licence comes with significant responsibilities. UKVI requires licenced sponsors to fulfil certain duties throughout the duration of their licence. When these requirements are not met, businesses risk having their sponsor licence downgraded, suspended or revoked, which can have severe consequences for both the organisation and its sponsored employees. Throughout 2024, UKVI has intensified their enforcement activities.
Compliance checks
There are a number of ways in which the Home Office can undertake compliance checks. Part 1 of the sponsor guidance defines a compliance check as:
“A check to satisfy us that you are complying with, or if not yet licenced are capable of complying with, your sponsor duties as detailed in Part 3: Sponsor duties and compliance.
A compliance check can include, but is not limited to, any of the following:
- a compliance visit
- a digital compliance inspection
- a review of evidence or information from our own records, evidence or information you have previously submitted to us, and any evidence or information we request from you as part of a check”
UKVI may perform a compliance check at any time during which the organisation holds a sponsor licence. It can carry out a compliance check for a number of reasons, for instance, a dramatic rise in requesting and assigning Certificates of Sponsorship, a history of non-compliance, etc. The purpose of UKVI’s review is to determine whether the organisation is complying with its duties as a sponsor, as set out in Part 3 of the Sponsor Guidance.
What is a compliance visit?
This is an in-person visit by UKVI and it can include a visit to the business premises of the organisation, any branches or sites under the sponsor’s control, or any relevant client site or third party where a sponsored worker will be working.
A compliance visit is generally seen as the traditional method in which UKVI undertakes a compliance check. However, we are frequently seeing more digital compliance checks and information requests. It is important to ensure that these requests are taken seriously and sponsors need to be thorough in any response.
What steps can sponsors take to be prepared in the event of a visit?
A compliance visit can take place at any time to review the organisation’s compliance. This can be pre-arranged or unannounced, and sponsors should therefore be prepared for this. Here, we have set out some of the steps that sponsors can take.
Regular compliance reviews or mock audits
We would recommend undertaking periodic compliance reviews to check that the organisation is complying with its sponsor duties. Ideally, this should be conducted annually. This should include reviewing HR policies, practices and record-keeping.
Sponsors should also be checking to see if systems and policies are being followed, and whether there are any shortcomings that can or need to be addressed. For instance, is there a system for tracking contact details and absences? How does this information filter through to the relevant Key Personnel?
Regular audits of the Sponsor Management System (SMS)
The guidance requires that certain changes be reported to the Home Office via the SMS within specified time periods. In general, changes regarding workers’ circumstances must be reported within ten working days after the relevant change takes place, and changes regarding the organisation, within 20 working days.
UKVI may undertake checks of the SMS activity by the organisation. Those who manage sponsorship and the SMS should ensure that the SMS is regularly updated with accurate information about the organisation. Also, where applicable, information regarding any sponsored workers should be updated, and relevant reports should be made within the specific deadline.
Additionally, it is important for Level 1 Users to regularly sign in to their SMS account to check for any relevant updates.
Compliance visit plan
In order to be prepared for a visit, a plan should be put in place and relevant staff should be trained on how to deal with a compliance visit. Relevant staff would include those on reception (if applicable), the Authorising Officer, any Level 1 Users, HR and any sponsored migrants.
Amongst other things, a plan should include who will handle the visit, the type of documentary information that the visiting officers may request (and where this information can be found), how to deal with an interview and steps that should be taken after the visit.
Common reasons for suspending a licence
We have previously discussed in detail some of the common reasons for sponsor licence suspensions here.
Sponsors must maintain their licence once it is secured. This requires sponsors to be fully compliant with the sponsor duties. It is also important for sponsors to be aware of some of the common pitfalls that can be encountered. It is imperative that sponsors actively manage and maintain their licence – it is better to be pro-active than re-active. By maintaining an active overview of their licence regularly, sponsors can maintain their sponsorship duties and safeguard against compliance risks, as well as ensuring their continued eligibility to sponsor Skilled Workers in the UK.
Compliance visits: How our Immigration Solicitors can help
Our team specialises in helping organisations manage every aspect of their sponsor licence, offering expert guidance and support to prepare for compliance visits.
If your organisation requires legal assistance in relation to maintaining your sponsor licence, or resolving any existing compliance action, we would be more than happy to assist you. To speak with one of our immigration solicitors, please contact us or complete our enquiry form below.
