It has certainly been a busy year for HR teams and other professionals who deal with the recruitment of overseas workers.
Whilst the statistics demonstrate that UK businesses have sponsored overseas talent in record numbers, it’s important to remember that there are ongoing compliance duties in place. All sponsors must comply with these if they want to retain the ability to hire from the global talent pool.
Appendix D of the Sponsor Guidance
One of the most important duties is that sponsors must retain a specific set of documents for each sponsored worker. These are set out in Appendix D of the Sponsor Guidance.
During a Home Office compliance review, these documents can be requested for inspection. Rather than waiting until then to pull them together in a frenzied manner, we recommend that those who manage the sponsor’s licence take a moment once the worker has started their role to collate appropriate ‘Appendix D’ documents.
Recommended approach
We recommend taking a moment to check the documents to ensure that, for example:
- there is clear evidence of the right to work in the UK;
- there is evidence that workers applying from overseas entered the UK with the correct permission (not, for example, as a visitor);
- contracts of employment/for services have been signed;
- the job description on file is the final version (not a draft with tracked comments!);
- copies of qualifications or references, where relevant, are on file;
- recruitment information is clear;
- there is a record of the worker’s absences and their contact details (both current and historic);
- all other documents are on file and are clear.
Ensuring that a robust Appendix D file is created for each worker from the start means that the only documents that then need to be updated are those relating to absences, contact details, pay and evidence to support any changes that need to be reported (i.e. sick leave, maternity leave, changes to job titles etc).
Business immigration services: How can we help
Our solicitors are experienced in all aspects of the UK’s sponsor system and frequently conduct onsite or remote sponsor compliance reviews for clients. If you require a review of your current systems and processes, or legal advice on a specific issue, we would be happy to help. Please contact us or use the enquiry form below.
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