Compliance Audit of a Financial Company Reveals Tier 2 Sponsor Non-Compliance
KP is a company in the Finance Industry regulated by the FCA (Financial Conduct Authority), and they maintain tight compliance to run their business. They value maintaining compliance with their Tier 2 Sponsorship duties. A Senior Office Manager of KP had read and understood various relevant Policy Guidance of the UK Visas and Immigration (UKVI) online, and she felt they were compliant. However, when we visited their site to conduct their Tier 2 Sponsor Licence Compliance Audit, we revealed a surprise finding of non-compliance
Basic Knowledge of Home Office Policies May Not Enough to Maintain Sponsor Licence Compliance
In the absence of proper understanding and practical guidance of Tier 2 Sponsorship Policy Guidance, KP was found in breach of many of its sponsorship duties. This easily could have rendered a Tier 2 Sponsor Licence suspension for this client.
KP had a system to record contact details of their employees, but when these details changed, they did not retain the previous contact details but would overwrite them with the new contact details. KP did not realise they were obliged to keep historical contact details of their Sponsored Migrant Workers throughout the tenure of their sponsorship.
Our Help Converts Partial Into Full Sponsor Licence Compliance
While KP did conduct Resident Labour Market Tests (RLMT), they failed to keep the screenshots of the job advert in a specified format. The screenshots they did keep did not have a logo of the government website and the closing date for the job advertised as required. KP also failed to keep interview notes for the shortlisted candidates in the file.
In HR and record-keeping, KP did not have any automated alert system for them to be reminded of the visa expiries of their sponsored migrant workers. The failed to keep right to work documents for a few of their settled workers. This clearly undermines the confidence in them to be a responsible Tier 2 Sponsor.
KP kept employment contracts, but these did not meet the requirements of their sponsorship duties.
KP kept employment contracts, but these did not meet the requirements of their sponsorship duties. In the job descriptions of their sponsored workers they did not include the skills and qualifications required to perform the job role.
Due to the nature of their business, KP often needed their sponsored workers to visit client sites to perform their job duties. KP did not have adequate systems or appropriate policies/procedures in place to monitor daily attendance and the whereabouts of the sponsored workers while working at the client location.
Firm is Now Confident Because of Full and Accurate Sponsor Licence Compliance Audit
Although some of the observations above may appear trivial, they are all mandatory to follow to maintain a Tier 2 Sponsor Licence. We highlighted all above areas and other gaps in their sponsorship compliance and advised on the best way forward to mitigate or be compliant with their sponsorship duties.
KP also assumed all was well because they had a previous positive compliance visit by UKVI. Contrary to their assumption, UKVI has now tightened their scrutiny of sponsorship duties as the Point Based System is now entering into its 10th anniversary. UKVI now expects all sponsors to be strictly compliant with their sponsorship duties.
KP welcomed and appreciated our input after the Tier 2 Sponsor Licence Compliance Audit. They now have complete confidence in retaining their skilled sponsored workforce and smooth continuity of their business.
I approached A Y & J Solicitors after a visit from the UKBA. The service I received from them was highly efficient and professional. The level of expertise, was a notch above all the other companies I had used. I have had a positive result from our representations to the UKBA allowing me to keep my Non resident labour. I cannot thank them enough for their service. I would highly recommend to anyone who would like a review of their Sponsor Compliance etc.