Tier 2 Sponsor Licence Compliance Home Office Visits to Financial Services Firms
In financial and business services around 12% of the sector’s workforce are international migrants. And as the Home Office works toward their mandate of decreasing migrant workers, there is little doubt, the chances of having a Home Office inspection visits are becoming increasingly likely.
Financial services companies who fail to show compliance during an inspection may be faced with suspension, or even revocation of their Sponsor Licence without the right of appeal. This can lead to devastating commercial consequences.
A Y & J Solicitors is committed to help Sponsor Licence holders preparing for immigration compliance before UKVI inspection visit. The repercussions of non-compliance are severe, this include the risk of having your Tier 2 Sponsor Licence being suspended, revoked or downgraded. In addition, your highly-skilled Tier 2 workers may be forced to leave the UK if they cannot find alternate.
We understand how busy employers and HR directors are, and particularly, financial service companies already have extensive compliance obligations to manage. Therefore, we actively assist companies to meet that HR policies and procedures related to UKVI compliance. As a result, you can be confident that your firm is compliant with the recent UKVI rules and regulation related to Tier 2 Sponsor Licence.
What Could Lead to My Financial Services Organisation Failing the Sponsor Licence Compliance Inspection?
Obtaining a Tier 2 Sponsor Licence is a challenging and rewarding process which can open opportunities for organisations to recruit talent from outside the UK. As part of your application, you may have already met your first Home Office compliance officer for a pre-licence visit. Once you hold your Sponsor Licence, you can expect to receive a Home Office compliance inspection visit at any time – often without notice.
No excuses are tolerated for non-compliance regardless of the size or prestige of your organisation. Non-compliance can lead to a loss of talented workers and an inability to hire skilled workers in the future. It can also damage your professional reputation.
The courts are often reluctant to overturn Home Office revocations where there has been a clear breach of compliance. Judges are keen to reinforce the view that a Sponsor Licence is a privilege, not a right.
Avoiding these damaging effects requires extensive knowledge and experience with the rules and regulations for Sponsor Licence holders. A Y & J Solicitors have been working with small and large financial services organisations for many years, and possess the resources and knowledge required to help our clients achieve immigration compliance.
A Tailored Sponsor Licence Compliance Audit Solution for the Financial Services Industry
The experts at A Y & J Solicitors have years of experience helping companies operating in the financial sector maintaining the Immigration Complice. To make the process as thorough and stringent as possible we have created a customised solution for the financial services Industry. Our full Sponsor Licence Compliance Audit carefully evaluates all aspects related to Sponsor Licence management that the Home Office may investigate during a compliance visit. Our comprehensive solution also identifies the actions needed to fix problems before they become compliance issues.
The below areas will be investigated thoroughly in our compliance audits:
- Reporting and recordkeeping as it relates to your industry
- Proper systems for managing all aspects of leave for your sponsored workers
- ‘Right to Work’ checks
- Genuine Vacancy
- Residence Labour Market Tests (RLMT)
- Proper systems for the storage and updating of all contact details for your sponsored workers
Protect Your Workforce by Following UKVI Sponsor Licence Duties
We understand the challenge of understanding and complying with all Home Office rules and regulations. In addition to the thorough checks required to become a Sponsor Licence holder, there are extensive requirements for the ongoing maintenance of a Sponsor Licence. A Y & J Solicitors understand the rules and requirements of UKVI and the implications of these for the financial services industry and provides excellent solution with top-notch customer services.
A Y & J Solicitors’ Sponsor Licence Compliance Audit Service
A Y & J Solicitors’ immigration law experts have many years of experience with Tier 2 Sponsor Licence issues. We pride ourselves in providing clients with the highest levels of professionalism, exceptional quality of service, and success-oriented actions. We have helped companies across many fields reinstate their Tier 2 Sponsor Licence. If you are already facing Tier 2 Sponsor Licence suspension / revocation, we can assist you. Our award-winning customer service and passion for excellence leads to successful results for clients.
In most cases, this will be the Authorising Officer as they have overall responsibility for the operation of the licence and compliance. The visiting officer may also wish to interview existing Tier 2 employees of the organisation to collect information including their current salaries and job descriptions, etc.
Home Office’s Compliance Officer can ask all questions related to Sponsor Licence duties and ask for evidences to prepare their report;
- Looking at some work samples of sponsored migrants, checking whether their actual roles accord with the job description and the skill level stated on their CoS
- Reviewing salary payments to see if a sponsored migrant’s salary level was exaggerated to secure a CoS
- Review policy and procedure you have in place to ensure your compliance while monitoring immigration status and prevent illegal employment, maintaining attendance, absences and migrant’s historical contact details
We can provide information on other questions Home Office officials may ask when conducting a compliance visit.
Brochure of Sponsor Licence Compliance Visit – Financial Services Firms
Tier 2 Sponsor Licence Audit For Financial Services
The only solution for a UK company needing to hire skilled NON-EU sponsored workers is to become a Tier 2 Sponsor Licence holder. Many financial services companies rely on skilled foreign workers for day-to-day operations; Sponsor Licence holders must remain in full compliance of all UK Visas and Immigration (UKVI) regulations at all times. Failure to do so may result in suspension / revocation of licence and ultimately loss of all NON-EU sponsored workers; You may also face criminal charges and heavy fines if get caught for employing illegal workers; Most non-compliance issues are revealed when the UKVI conducts onsite compliance inspection visit. These can be announced or unannounced;
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Sponsorship Licence Compliance Duties for Sponsor Licence Holders
We are a specialised UK immigration law firm.
I will talk about Sponsor Licence compliance Duties in this video.
As a Sponsor Licence holder you are responsible for complying with your sponsorship duties as set out by the Home Office.
If any rules/regulations change (which is likely) it is your responsibility to keep yourself informed, and act on any changes as needed.
Your sponsorship Licence duties include but not limited to reporting and record keeping.
You should report within a specific deadline significant changes within the company that includes but not limited to ‘change of address’, ‘merger/acquisition’, ‘TUPE transfer’.
You should also report information on sponsored worker such as but not limited to, changes in job title/job duties or salary, change of the work location and certain absences.
You must have a system you use to check your workers can legally work. Each licence holder is responsible for monitoring immigration status and prevent illegal working.
When the time approaches, you must also apply for a renewal of your Sponsor Licence so it remains up-to-date.
We strongly advice businesses to remain complaint with their sponsor licence compliance duties.
If you require legal advice in relation to sponsor licence matter, please contact us today. Our contact details are at the bottom of the video. We are happy to help. Thank you.
A Y & J Solicitors’ Review
We at GNL has pleasure and privilege of having Yash Dubal , Senior Immigration Lawyer of A Y & J Solicitors at our office to discuss Sponsorship duties and have an open forums on multiple of questions we had on UKVI regulations on sponsoring and employing skilled migrant workers. We learnt great deal of critical aspects of Sponsorship responsibilities. We were able to clarify a long list of doubts/questions we had on regulations and sponsorship duties. Yash is very professional and he attended to every question we had regarding UKVI regulation with great detail and care. His attention to detail, focus, in-depth understanding of regulations and implications are without any parallels available in this industry. We feel privileged to have spent the day with him at our office and are looking forward to have future engagement with him. We recommend A Y & J Solicitors service to anyone who wish to sponsor skilled migrant workers in the UK.
When our company’s sponsorship license been revoked by home office due to the misunderstanding during the compliance visit and flawed judgement, we contacted A Y & J Solicitors to ask help. A Y & J Solicitors then allocate the case to one of their team members Miss Sokwei, she worked very hard from collecting the evidence, to analyse the situation, and to demonstrate them to home office, then finally the license been re-instated. We have really been moved by her working attitude and professional behaviour. Thanks for A Y & J Solicitors help and we strongly recommend them to someone who have the related issues.
A sigh of relief after Tier 2 sponsor licence restored. The day our Tier 2 sponsor licence was revoked, we had a nightmare as to how we would keep up with our Non EU skilled staff within our business. We were very fortunate to have engaged A Y & J Solicitors as our lawyers to help us with the Tier 2 sponsor licence revocation. Initially, it appeared that the job would be impossible as the Home office had prepared very strong revocation letter but with A Y & J Solicitors expert help we have our Tier 2 sponsor licence back. Our NON-EU skilled work force have been saved. They know their job well and we would recommend them to all employers and businesses who require legal assistance in relation to their NON-EU skilled staff and Tier 2 matters.