Tier 2 Sponsor Licence Compliance Home Office Visits to Financial Services Firms
In the financial sector, around 12% of the sector’s workforce are international migrants. Subsequently, as the Home Office work toward their mandate of decreasing migrant workers, there is little doubt, the chances of having a Home Office visit is 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 in helping Sponsor Licence holders to be compliant, ensuring that procedures are put in place, enabling the holder of the licence to remain compliant. This in turn will mean the licence holder will be able to demonstrate to the Home Office that they are compliant, should there be a visit. The repercussions of non-compliance can be severe and includes the risk of having your Tier 2 Sponsor Licence being suspended, revoked or downgraded. In addition, your Skilled Worker migrants may be forced to leave the UK if they cannot find an alternative sponsor.
We understand that, in particular, financial service companies, will already have extensive compliance obligations to manage. Therefore, we actively assist companies (and their HR departments if applicable) with their policies and procedures related to UKVI compliance. As a result, you can be confident that your firm is compliant and up-to-date with the UKVI rules and regulations.
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.
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 to remain compliant. 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, which the Home Office are likely to question during a 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
- Recruitment and advertising procedure
- 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 understands in depth, the rules and requirements and the implications of these for the financial services industry. We pride ourselves in providing solutions for our clients with unparalleled 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 Home Office visiting officer may also wish to interview existing employees of the organisation to collect information including their current salaries and job descriptions.
Home Office Compliance Officers will ask numerous questions related to Sponsor Licence duties and ask for evidence to prepare their report;
- Looking at some work samples of sponsored migrants, checking whether their actual roles are in line 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 monitor 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.
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.
Success Story on Sponsor Licence Compliance Visit – Financial Services Firms
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)…
Video on Sponsor Licence Compliance Visit
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.