On 24 October 2024, numerous updates were made to various parts of the sponsor guidance. This also includes the much-anticipated announcement of the new ‘Sponsor UK’ system.
What is the new ‘Sponsor UK’ system?
The Home Office announced its rollout of the ‘Sponsor UK’ IT system, which is expected to eventually replace the current Sponsor Management System (SMS). The Home Office stated that the new system “….is to make the process of sponsoring workers and students quicker, easier and more intuitive for users and to ensure compliance with the sponsorship system.”
The SMS was first introduced in 2008 and, in recent years, a replacement has been eagerly anticipated to address some of the outdated functionality on the current system.
Part 1 of the guidance for sponsors was updated on 24 October 2024 and includes some limited information about the new Sponsor UK system, which was initially rolled-out to selected Government Authorised Exchange (GAE) sponsors.
The Home Office are currently trialling the process with selected GAE sponsors and have stated that they plan to gradually rollout the system to more sponsors over the next two to four years, during which time the Sponsor UK system and the current SMS will both be in operation.
The selected GAE sponsors should have had access to Sponsor UK since 24 October 2024. This system will be used to apply to sponsor new workers and extend existing workers’ permissions under the GAE route, as well as reporting worker changes.
Sponsor guidance updates
As well as the announcement of Sponsor UK, Appendix D, and parts 1, 2 and 3 of the sponsor guidance were also updated on 24 October.
One notable update to the guidance includes confirmation that assigning a Certificate of Sponsorship (CoS) to an individual who is not eligible for sponsorship under that route can be a ground for sponsor licence suspension, and even revocation, if relevant. Annex C1 of Part 3 lists the following circumstances in which the Home Office will revoke a licence:
“You sponsor, or attempt to sponsor, a worker for a role that does not meet the skill level, salary requirement, or other role eligibility requirements of the specific route they are being sponsored on.”
The updated guidance also includes confirmation that sponsors are under a duty to carry out a right to work check on all workers that they wish to sponsor, not just employ, and so sponsoring organisations should be mindful of the update to this wording.
A further notable update to Part 1 of the guidance explains that when assessing an organisation’s suitability for a sponsor licence, the Home Office will look at whether the organisation is subject to any sanctions imposed by the UK Government or the United Nations, which may be breached if the organisation was to hold a sponsor licence.
Each sponsor guidance document contains a list of changes made and it is important that sponsor organisations keep up to date with changes to the guidance and their sponsor duties.
Carter Thomas regularly provide updates on the latest changes and you can subscribe to receive our legal updates here.
How our Immigration Solicitors can help
If your organisation requires legal assistance in relation to maintaining its sponsor licence, or needs guidance on ensuring compliance with the sponsor duties, 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.
