Tier 2 Sponsor Licence Compliance Home Office Visits to IT Companies
Many Tech firm struggles establishing that they follow all Sponsor Licence compliance duties during the Home Office inspection visit. Majority of them are having contracts with other corporates managing third party IT projects, and sometime, they don’t meet the compliance requirement while recruiting and managing non-EU skilled workforce.
It is known that the technology sector in the UK relies heavily on being able to recruit talent from outside the EEA to stay abreast of the latest trends and developments in tech and scale-up their ventures. To ensure they have the talent required to scale up their organisations quickly, IT companies need the freedom to recruit the best and the brightest from all over the world. Worries about how to achieve this after Brexit deeply concern the industry.
At A Y & J Solicitors, we understand the challenges faced by the technology sector and can assist you with complying with Sponsor Licence duties and responsibilities. This includes conducting mock audits at your premises to ensure your HR systems are meeting immigration compliance requirements. We are committed to give all possible efforts to help our Sponsor Licence holder clients have excellent systems, processes, and procedures, which achieve full immigration compliance.
What is Sponsor Licence Compliance Inspection?
If you are a Sponsor Licence holder, you are deemed compliant when you follow the rules and regulations set out in the Tier 2 and 5 Sponsor Guidance, and under various UK legislation. The Home Office is carrying out more checks of Sponsor Licence holders than ever before, and there is a zero tolerance for non-compliance. Many of these inspections take place unannounced, so all Sponsor Licence holders need to be fully prepared for a Home Office inspection visit at all times.
Sponsor Licence holders are required to follow strict regulations employing migrant workers, be certain each worker is legally working in the UK, and maintain ongoing record keeping and reporting. Anyone deemed non-compliant may face fines, penalties, and the suspension / revocation of their Sponsor Licence. The implications of non-compliance can damage a business beyond redemption. It can also result in talented migrant workers being required to return home if they cannot find alternate.
What Are Some Examples of Sponsor Licence Compliance Duties and Responsibilities?
When an organisation obtains a Tier 2 or 5 Sponsor Licence, it must comply with several duties and responsibilities set by the Home Office. When it applies for the licence, it is declaring that it is capable of complying with all compliance duties:
- Monitoring immigration status and preventing illegal employment
- Maintaining migrant contact details
- Other record keeping
- Monitoring and reporting migrant activity
- Ensuring that relevant professional registrations and accreditations have been obtained
- Reporting various changes of circumstances to the sponsor
- Complying with the law, including employment law and having relevant planning permission
- Cooperating with the Home Office
In addition, there must be personnel within the organisation with specific responsibility for some, or all of the duties and responsibilities who are:
- sufficiently trained in their areas of compliance
- aware of the importance of complying and the possible implications of failing to do so
- aware of others who have responsibility and the scope of their responsibility
Sponsor License holders also need to ensure there are sufficient backup systems and personnel in place in case those with specific responsibility are away from work or there are other potential breakdowns in reporting lines.
All staff with responsibility for the employment of sponsored migrants should be aware of the relevant duties and responsibilities and when they need to contact Home Office with specific responsibility (i.e. the Level 1 and/or Level 2 user) for reporting relevant matters. For example, the person in-charged with managing the Sponsor Management System (SMS) should be informed of any proposed changes (including to salaries and allowances) as soon as possible to enable them to report relevant required changes to the Home Office via Sponsor Management System (SMS) within specified deadline (i.e. normally within 10 working days).
IT Sponsor Licence Compliance Inspection by Home Office Visit
A Y & J Solicitors provides excellent solution with top-notch customer services for IT companies concerned about compliance. Our IT Sponsor Licence Compliance Audit is specifically designed to prepare IT companies for a Home Office inspection. We run through several checks to identify non-compliance issues and offers you solutions for any concerns. Once you have met the compliance requirements, you can be confident that your Sponsor Licence and your valuable skilled migrant workforce are secure.
The IT Sponsor Licence Compliance Audit includes the following critical compliance areas:
- Right to Work checks
- Record keeping and reporting
- The appropriate management of all leave issues
- Genuine vacancy
- Proper documentation of current and past contact details for all sponsored workers
- Management of third party contracts that involve sponsored workers
- Residence Labour Market Test (RLMT).
A Y & J Solicitors’ Sponsor Licence Compliance Audit Service
We have specifically designed the Sponsor Licence Compliance Audit to cover the aspect of a Home Office inspection for IT companies. We are certain that you will find complete satisfaction with this package
The immigration law experts at A Y & J Solicitors 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.
Compliance officers will want to check many documents to ensure you are meeting your Sponsor Licence duties. These include, but are not limited to:
- Policy and procedure, you have in place to monitor immigration status and prevent illegal working
- Policy and procedure to monitor attendance and absences of your sponsored workers
- Policy and procedure to historical contact details
- Evidence of genuine vacancy
- Record keeping in relation to the Resident Labour Market Test
- Any planning permission you require
- Latest annual accounts and/or annual report if relevant
- Other evidence of corporate structure, and, particularly for smaller organisations, staff hierarchies
Yes, we regularly visit our clients on-site to check their HR policies and procedures and advise on any areas of improvement required.
Brochure of Sponsor Licence Compliance Visit – Tech Firms
Tier 2 Sponsor Licence Audit For IT Companies
UK Visas and Immigration (UKVI) has increased the number of announced and unannounced compliance inspections to Tier 2 Sponsor Licence holders; These inspections can reveal a variety of non-compliance issues that can lead to suspension/revocation of your Sponsor Licence; IT companies face unique compliance challenges when they have sponsored workers on third party contracts; If you lose your Sponsor Licence, you may lose your entire foreign sponsored workforce. You may face criminal charges, heavy fines if you get caught for employing illegal workers;
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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.
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.
A Y & J Solicitors has helped us great deal recently for us to retain our ‘A’ rating Tier 2 sponsor licence. They made all easy for us and we passed our audit with the Home office with flying colours. Being an IT company with Tier 2 Sponsor licence, we were blown away by the complex processes and policies to be implemented to be 100% compliant with the latest Home office’s requirement of Tier 2 sponsorship. It is hard to figure out as to what was enough and correct. It was very stressful to monitor Tier 2 migrants & specially the arrangement of the sponsored workers working at client site on ‘client contract’. A word of warning to other likewise companies, please do not take it easy. There is a lot for the Tier 2 compliance which you do not know that you really “do not know”. So in this case you need a specialist to make you understand first what you “do not know” then help you to fix that. If you are a company with a Tier 2 sponsor licence and want complete peace of mind maintaining your Tier 2 licence and retaining your NON-EU skilled staff then A Y & J Solicitors is the company to go to. They simply do not work as a consultant for me but they literally owned my problem. I cannot ask more than this. Thank you so much and my best wishes to A Y & J Solicitors. I have referred few of my acquaintances to A Y & J Solicitors for their ‘Tier 2 compliance audit’. We at NanoIT Solutions highly recommend A Y & J Solicitors, working with the team has been fantastic experience.
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.