A Central London based large multinational conglomerate company ‘OC’ instructed A Y & J Solicitors to conduct a Tier 2 Sponsor Licence Audit. ‘OC’ has many NON-EU sponsored workers including their Vice President and a Finance Director. This company has their headquarters overseas.

Tier 2 Sponsor Overwhelmed by Sponsorship Duties

The HR department overseas has full responsibility for ensuring compliance with the UK entity’s Tier 2 Sponsor Licence. Considering the company’s complex multi-hierarchy structure, this was creating a real struggle to achieve the full compliance with their Tier 2 sponsorship duties.

In addition, a few of their Tier 2 Sponsored workers in the UK frequently conduct business visits overseas, and the company has a flexible working hours arrangement for their employees. This has added a serious challenge for the company to meet the requirements of monitoring regular attendance/absences of their sponsored migrant workers. One of their NON-EU sponsored members of staff was also involved in a supplementary work arrangement which added to the complexity.

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Expert Audit Reviews All Sponsor Licence Compliance Requirements

Upon their instruction to carry out a Tier 2 Sponsor Licence Audit, we assisted them using our three step Compliance Audit package shown below to ensure they achieved full compliance with their Tier 2 Sponsorship duties.

Step 1

We provided them with pre-audit information—written advice on the basic requirements of HR policies and procedures in accordance with Home Office guidance. They also received our ready-made templates to assist in designing their human resources (HR) systems to ensure their compliance with Tier 2 sponsorship duties.

Non-Compliance Issues on Sponsor Licence Identified and Corrected

Step 2

We paid a visit to their office to conduct an immigration compliance audit and review their HR policies, procedures, and documents, just like a UK Visas and Immigration (UKVI) visit.

During our visit, we found the following non-compliance issues with their Tier 2 Sponsorship duties.

• Failure to keep copies of the front and back side of the Biometric Residence Permits (BRP) in their migrant workers’ Right to Work files.
• Failure to keep Right to Work documentation for some of their staff, and specifically failure to run an adequate check for settled workers including their British and EU workforce
• Failure to maintain historical contact details of their sponsored workers
• Failure to report necessary changes to UKVI via the Sponsor Management System (SMS)
• Failure to keep regular attendance/absences records

Non-compliance with Tier 2 Sponsorship duties such as the ones we found may attract a Tier 2 Sponsor Licence suspension/revocation. If OC lost their Tier 2 Sponsor Licence, they would also lose all their highly skilled sponsored workers including Senior Management officials. A potential revocation of its Tier 2 license would have a substantial and crippling effect on the business.

Right Sponsor Licence Compliance procedure set in place.

Step 3

We provided a post-Audit detailed report of our findings together with recommendations to improve their systems, policies, and procedure to be compliant with their Tier 2 sponsorship duties.

We provided complete support and training, oversaw the improvement of the company’s systems, policies, and procedures to ensure full compliance. We liaised with their HR Director and HR executives overseas to deal with their queries and resolve the non-compliance issues of their Tier 2 Sponsorship.

We are very grateful for the opportunity to assist OC, and we are now confident they are fully compliant with their Tier 2 Sponsorship duties and will remain so into the future.