The Home Office has recently updated the Sponsor Guidance for workers sponsored under Tiers 2 and 5.
The Tier 2 and 5 Sponsor Guidance sets out the processes organisations must follow when sponsoring a migrant and the duties and responsibilities associated with being a licensed sponsor. It is updated regularly and sponsors should be aware of any changes that may affect them.
The Sponsor Guidance has been updated as follows:
- The Temporary Worker – Seasonal Worker Visa (Tier 5) pilot has seen the quota of workers rise from 2,500 to 10,000. This route allows farms to recruit temporary workers from outside of the EU to undertake seasonal work. The pilot is designed to test the effectiveness of the future immigration system in supporting UK growers during peak production periods. The route allows farms to hire workers for a period of up to six months and the pilot is planned to run until the end of 2020.
- As a result of increasing the quota of workers, the compliance requirements of this route have also been tightened. It is a possible to revoke the farm’s sponsor licence if fewer than 95% of the sponsored migrants are granted entry clearance (previously 90%), if 3% or more of the sponsored migrants fail to arrive at their place of employment (previously 5%) and if fewer than 97% of the sponsored migrants return overseas at the end of their permitted stay (previously 95%). With the increased quota, and the tightening of the compliance requirements, many farms may want to strengthen their compliance procedures to ensure that their sponsor licence is not at risk.
Sponsor duties
Those responsible for sponsor compliance should ensure they review the Tier 2 and 5 Sponsor Guidance regularly and are aware and compliant with the sponsor duties. A sponsor can be subject to a compliance visit from the Home Office at any time, and failure to comply with the sponsor duties can lead to the sponsor licence being suspended or possibly revoked.
How we can help
We have significant experience in providing assistance to sponsors across many sectors. We can provide remote and on-site compliance reviews, provide assistance in sponsoring migrants and can provide training regarding sponsor compliance.
If you require advice or assistance, one of our team would be happy to have an initial discussion, contact us or complete our enquiry form below.
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