Are you struggling with your Sponsor Licence compliance obligations? First Law Solicitors is here to help.
Obtaining your UK Sponsor Licence so you can employ talent from overseas is only the beginning of your interactions with UK Visas and Immigration (UKVI). To maintain your licence, you must comply with various duties and responsibilities set by the Home Office. These include reporting and recording duties and complying with employment laws.
Our multi-lingual Business Immigration Solicitors have a wealth of experience in assisting large companies and SMEs in maintaining Sponsor Licence compliance. As businesspeople ourselves, we understand how important it is to have the flexibility to recruit people from abroad if no one in the UK has the skills to fill a particular role. From administering your Sponsor Licence Management System (SMS), updating you on legislative changes, to carrying out regular staff training and mock audits, you can be confident that our team will be by your side throughout the lifecycle of your licence.
What is Sponsor Licence Compliance?
All UK employers who are licensed sponsors must adhere to the duties and responsibilities set by UK Visas and Immigration. These duties are in place to ensure that the immigration system is not abused and that sponsored employees comply with the conditions of their visa.
Key areas of sponsor licence compliance include the following:
- Record Keeping - employers are required to keep up-to-date records of all sponsored employees. This includes contact details, a copy of their passport, a record of their attendance, and any changes in their job description or salary.
- Reporting Duties - sponsors must report certain events to the Home Office, such as if a migrant employee does not turn up for their first day of work, if they are absent for more than ten consecutive working days without permission, or if their employment ends.
- Cooperation with the Home Office - employers must cooperate with any checks conducted by the Home Office. This may include site visits, which can be either announced or unannounced.
- Preventing Illegal Employment - sponsors must take steps to ensure they are not employing anyone illegally. This includes carrying out right to work checks before employing someone, and only assigning certificates of sponsorship to workers who are appropriately skilled and eligible.
- Genuine Vacancy Requirement - a job offered must meet the skill level and salary requirements and genuinely exist. It cannot be created just to enable someone to come to or stay in the UK.
Our Solicitors can regularly review your HR systems to ensure ongoing compliance with your Sponsor Licence duties and responsibilities. We can also conduct mock audits, so you are always prepared for an unannounced Home Office visit.
What happens if a business does not comply with its Sponsor Licence duties and responsibilities?
Employers in the UK who fail to meet their Sponsor Licence compliance duties may face a variety of penalties. These penalties are imposed to deter non-compliance and can range from a downgrade in your Sponsor Licence rating to criminal charges, depending on the nature and severity of the breach.
You can trust that our Sponsor Licence Compliance Solicitors will take care of your legal and regulatory duties so you can get on with growing your business.
How First Law Solicitors can help
Evaluate your HR systems
Our Business Immigration Solicitors will visit your workplace premises annually to check that your HR systems remain able to cope with Sponsor Licence reporting and record keeping duties.
Mock audits
We can conduct regular mock audits to ensure you are prepared for an unannounced UKVI compliance visit.
Administering the Sponsor Management System
We can take over the management of you SMS duties so you can be confident that the information added is correct.
Update you on immigration law changes
We will ensure you are updated about any immigration law changes that you need to be aware of and advise you on complying with any new requirements.
What our clients say
These guys( FLS) gave me a good impression the first time I consulted them. I was greatly convinced by their listening, professionalism skills and great awareness of the latest immigration laws, guidelines and policies. They are so straightforward and open-minded, hence their goal and result oriented advice.
Please fill in our contact form or call us on +44 161 224 4066 to discuss your Business Immigration requirements.