Non-Compliance Issues Corrected Before a Sponsor Licence Renewal Application
A Y & J Solicitors were instructed by a large reputed IT digital solution company ‘DiT’, who provides services to major NHS trusts in the UK to assist with the renewal of their Sponsor Licence.
Company Uses A Y & J Solicitors to Prepare for Sponsor Licence Renewal
DiT had their initial Tier 2 Sponsor Licence valid for four years. Prior to the expiry of their Sponsor Licence, DiT instructed us to assist with ensuring their Sponsor Licence renewal application would be approved without disruption to their business activities.
The company knew that failure to renew their Sponsor Licence would lead to an inability to employ new NON-EU sponsored workers and would result in the loss of ALL their current sponsored workers.
Importance of Compliance Audits for Sponsor Licence Renewal
We reminded DiT that UK Visas and Immigration (UKVI) often carries out a compliance visit when considering a Sponsor Licence renewal application. This visit could be announced or unannounced. A UKVI compliance officer could request a variety of information to verify that the company had been maintaining all compliance, record keeping, and reporting duties. It was critical for DiT to be adequately prepared for this audit when preparing for a renewal application.
We handled all aspects of DiT’s Tier 2 Sponsor Licence renewal application. One of our Senior Immigration Caseworkers provided a complete on-site audit of their Human Resources department to prepare for full compliance before a potential Home Office audit. We also met with the HR Manager, reviewed HR files, recruitment process, procedures, and record keeping.
Team Reveals Important Compliance Issues During Sponsor Licence Audit
While conducting the audit we discovered the following breaches of their Tier 2 sponsorship duties:
- Record Keeping and Recruitment
Failure to show evidence of the Resident Labour Market Test (RLMT) in the recruitment of a NON-EU skilled worker.
- Migrant Tracking and Monitoring
Failure to have a process in place to monitor sponsored worker’s absences and ensure the Level 1 user reported any non-attendance or significant changes via SMS.
- Monitoring Immigration
Inadequate process in place to monitor sponsored employees’ visa expiry dates.
- Maintaining Migrant Contact Details
Failure to demonstrate that the sponsored worker’s contact details were always up to date and that they had retained a history of their contact details.
We provided a post-Audit detailed report of our findings together with recommendations to improve their systems, policies, and procedures to be compliant with their Tier 2 sponsorship duties.
A Y & J Solicitors ensured DiT received expert legal assistance and advice in all areas of Sponsor Licence management. We then assisted them in submitting their Sponsor Licence Renewal application via SMS.
DiT had their Tier 2 Sponsor Licence renewed without delay or challenges. Our expert assistance and involvement in preparation for an audit and their renewal application avoided issues of non-compliance and protected their essential NON-EU workforce.