Worker Sponsor Licence Compliance Training
Sponsor Licence compliance becomes very complex at times. At A Y & J Solicitors, we have extensive experience of working with Sponsor Licence holders navigating the often-confusing array of Home Office duties and responsibilities. As such, we have developed our goal to increase awareness and share information on possible compliance issues and solutions.
Our Sponsor Licence Compliance Training Programme is designed to give sponsors a clear picture of the actions needed to remain in full compliance with UK immigration rules and regulations.
If you are a Sponsor Licence holder, you are deemed compliant when you follow the rules and regulations set out in the Sponsor Guidance, and under various UK legislation. The Home Office are carrying out more checks (also known as “compliance audits” “inspection visits” or “compliance visits”) than ever before, and there is a zero tolerance for non-compliance.
Many of these inspection visits 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 comply with strict rules regarding the employment of migrant workers, and they must be certain each worker is legally working in the UK. Sponsors also have to comply with ongoing record-keeping and reporting duties. 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 when their leave to remain in the UK is curtailed.
When an organisation obtains a Sponsor Licence, it must comply with several duties and responsibilities set by the Home Office. When applying for a licence, the company is declaring that it is capable of complying with all of these duties which include:
- 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
There must be personnel within the organisation with specific responsibility for some, or all of the duties and responsibilities who is:
- sufficiently trained in their areas of compliance
- aware of the importance of compliance and the possible implications of failing to comply; and
- meet the suitability requirements for Key Personnel as specified by the Home Office
Sponsor Licence holders also need to ensure that 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 sponsors duties and responsibilities with regard to migrant record-keeping, monitoring and reporting
- be alert to instances when they need to contact Level 1 and/or Level 2 user for reporting relevant matters.
For example, the person in charge of managing the Sponsor Management System (SMS) should be informed of any proposed changes (including to salaries and to the migrants employment).
A Y & J Solicitors have over ten years’ experience advising and representing Sponsor Licence holders. Our team, help organisations of all sizes achieve and maintain compliance in every area. Whether you are a multi-site firm employing many migrant workers, or preparing to hire your first non-UK worker, we are reliable partners in establishing compliance and providing guidance. Our programme provides training for your Human Resources department and management team, giving you the guidelines, tools, and understanding required for establishing compliant Sponsor Licence protocols. Read our success stories here.
Once you become a Sponsor Licence holder, you may receive an onsite visit from a Home Office compliance officer at any time. Our research shows that increased unannounced visits are occurring as the Home Office works to remove illegal workers and to catch non-compliant sponsors. With A Y & J Solicitors’ Compliance Training, you will be ready and fully prepared for any compliance inspection.
Our lawyers also have experience dealing with companies that are unprepared for a compliance visit. We understand what the Home Office requirements are, we know the areas of compliance businesses frequently find challenging, and we have solutions that will enhance your ongoing compliance success. We have helped many sponsors, check our reviews here.
The onsite mock Home Office audits we offer give a real opportunity for businesses to check their compliance and correct any concerns before a compliance officer visits. This gives peace of mind and confidence to Sponsor Licence holders. We can also help companies who are faced with Suspension / Revocation.
Record-keeping and reporting systems can be appropriate to the type and size of the organisation but must be effective, e.g. a large organisation may choose to use a sophisticated software system to record and carry out follow-up right up to work checks, whereas a smaller one may rely on spreadsheets and calendar reminders. Regardless of the systems you use, our lawyers will assist so that you operate effectively to meet your compliance obligations and maintain your A-rating.
To obtain a statutory excuse against the imposition of a civil penalty for employing an illegal worker under section 15 of the Immigration, Asylum and Nationality Act 2006, right to work checks need to be carried out prior to the worker starting work and again prior to their visa expiry date if he / she has time-limited permission to work.
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 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.
I approached A Y & J Solicitors after a visit from the UKBA. The service I received from them was highly efficient and professional. The level of expertise, was a notch above all the other companies I had used. I have had a positive result from our representations to the UKBA allowing me to keep my Non resident labour. I cannot thank them enough for their service. I would highly recommend to anyone who would like a review of their Sponsor Compliance etc.
Success Story on Sponsor Licence Compliance Training
Tier 2 Sponsor Licence Compliance Training Programme Delivers Great Value
Sponsor Licence is Essential for Multinational Company ATL is a multinational payment technology company. Their head office is in the Netherlands and they have regional offices around the world. They have a large number of employees in their UK office including NON-EU skilled sponsored workers. As a technology company, ATL is in a dire need…
Video on Sponsor Licence Compliance Training
Basics – Tier 2 Sponsor Licence
We are a specialised UK immigration law firm.
In this short clip, we will cover the basics about Sponsor Licences.
A Sponsor Licence is a UK government-issued licence that gives an employer permission to hire foreign workers. A foreign worker is anyone who does not have citizenship or residency in the UK, and anyone who is a Non-EU national.
If you hire a foreign worker who is without right to work, you are operating illegally.
There are two sides to sponsorship. On the employer side, you must have a Sponsor Licence, and a Certificate of Sponsorship for each NON-EU worker you hire.
On the NON-EU worker side, they will have a Visa for working in the UK and meet the qualifications for the job.
Holding a Sponsor Licence is an ongoing responsibility. You must always conform to the Home Office’s requirements. These include record keeping, reporting, and ensuring each NON-EU sponsored worker remains legal to work for you. Failing on compliance duties may attract strict actions by the Home Office which includes suspension or revocation of sponsor licence or civil penalty of thousands of pounds if you are employing illegal migrants.
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.