Sponsorship Duties

Let’s Get it Right!

As a Tier 2 sponsor, non-compliance is not an option. Employers of migrant staff have a duty to comply with the general sponsorship duties by way of suitable HR systems and processes. All UK sponsors can expect a visit from UK Visas and Immigration officers (UKVI), a section of the Home Office, in order to ascertain whether or not you are sticking to the rules.

This short guide informs you of your duties as a sponsor, concentrating on the records you must keep and your duty to report back to the Home Office if necessary.

Your Duties as an Employer

Record Keeping:

If you are a business you must carry out ‘Right to Work’ checks on your staff, or you could end up with a heavy fine. To avoid this, you must check and retain the following records or documents, and be prepared to provide them to UKVI officials if asked:

• All documents submitted with the sponsorship application, along with any documentation that proves the appropriate registration or professional accreditation necessary for the migrant to fill the position in question.
• A photocopy or electronic copy of all employee’s immigration status documents such as passports, biometric information and identity information, which prove they are allowed to work in the UK.
• Each sponsored migrant’s contact details, including address history and telephone number(s); these must be kept up-to-date. An internal policy must therefore be in place to ensure employees notify you of any changes to their personal information.
• The sponsor must also retain comprehensive employment records for each Tier 2 sponsored migrant worker (as outlined in Appendix D of the Sponsor Guidance for Tier 2 & 5). These include a record of any period of absence undertaken by the migrant worker; payroll data showing frequency of transfers into a named bank account or prepaid card, copies of their payslips showing name, National Insurance number, tax code and any allowances paid; a copy of the signed employment contract and job description; and details of the recruitment process undertaken to fill this vacancy such as screenshots of advertisements and the details of any short-listed candidates (if applicable).

We advise…

that all employers maintain a separate record of their existing migrant populations including visa expiry dates and contact details.

Reporting:

As a registered sponsor, where applicable, you must report to the Home Office using the Sponsor Management System (SMS) in the event of the following, within ten working days of its happening:

• If they do not turn up for their first day at work and include their reason for non-attendance.
• If they are absent from work for more than 10 working days. This must be reported within 10 working days of the tenth day of absence.
• If their employment ends earlier than originally intended.
• If you stop sponsoring a migrant for any other reason, such as them moving into an immigration category which requires alternative sponsorship or no longer require sponsorship. For example, if a migrant employee gains Indefinite Leave to Remain (ILR) whilst in your employment, they no longer require a sponsor to work in the UK.
• If any significant changes occur in their circumstances, such as a change of job which does not require a change of employment application to be made, a change of salary (but not an annual pay rise or a bonus), or a change of work location.
• If you have any information that suggests they are breaching the conditions of their leave.
• If any changes need to be made to your licence details, for example if you want to change your key contact or authorising officer, or if you change your business address.
• If any significant changes occur in your company’s circumstances, such as you stop trading or become insolvent, change the nature of your business, are involved in a merger or are taken over. This must be reported within 28 working days.
• If you suspect that a migrant worker is engaging in terrorism or any other criminal activity, you must give the police any information you have.
• You must also send the Home Office the details of any third party or intermediary, in the UK or abroad, that helped you to recruit employees.

We advise…

that employers maintain a system of recording staff attendance and absence from work including any sick and holiday leave taken.

Smith Stone Walters is a UK immigration practice which specialises in moving people to the UK, it is what we do best. If you have any queries relating to your immigration strategies, please contact us for comprehensive advice and support on a wide range of sponsorship issues.