sponsor duties
and compliance

The sponsorship system reflects that those who benefit directly from migration (such as employers) should play their part in ensuring the immigration system is not abused. To achieve these aims, all licensed sponsors must fulfill certain responsibilities, including:

• Record keeping duties
• Reporting duties
• Complying with UK Immigration law and wider UK law.

Your responsibilities as a sponsor start on the day your sponsor licence is granted and will continue until you surrender your licence or it is revoked or made dormant by the Home Office.

As a licenced sponsor, you are required to keep accurate, up to date records on your sponsored workers and the running of your organisation. These documents can be kept in electronic or paper format and must be made available to the Home Office if requested.

You must keep certain documents for each worker you sponsor. Appendix D of the sponsor guidance lists these documents and how long you must keep them.

When keeping records for your sponsored workers, you must be aware of your responsibilities under the Data Protection Act 2018 and the UK General Data Protection Regulation.

Reporting is a key part of your sponsor duties and you must tell the Home Office about any significant changes that affect your sponsored workers or your organisation. Changes that must be reported include, but are not limited to:

• Changes to a sponsored worker’s circumstances (such as a change in job title, salary, or other significant changes to their employment).
• Changes to a sponsored worker’s normal work location as recorded on their Certificate of Sponsorship (CoS).
• If a sponsored worker is absent without permission for more than 10 consecutive working days.
• If you stop sponsoring a worker for any reason.
• Changes to your organisation’s circumstances (such as a change of address, changes to your Key Personnel, or if you are convicted of a relevant offence).

note:

Such changes must be reported within set time limits as specified in the guidance for sponsors – usually within 10 working days or within 20 working days, depending on the change(s) you are reporting.

Changes are usually reported using the online Sponsorship Management System (SMS).

Sponsors are required to comply with all aspects of the Immigration Rules and the guidance for sponsors, as well as wider UK law.

This includes only applying to sponsor workers where there is a ‘genuine vacancy’ that meets the requirements of the route you are applying under, and ensuring that your workers are appropriately qualified, registered or experienced to do the job they will be doing.

You also have a duty to comply with UK employment law, including, but not limited to, National Minimum Wage, the Working Time Regulations, and (where required) enrolling your employees on a pension scheme.

Finally, the sponsor guidance states that all sponsors have a responsibility to behave in a manner that is ‘not detrimental to the wider public good’. The Home Office will refuse a sponsor licence application or take the appropriate compliance actions if a prospective or existing sponsor is engaging, or has ever engaged, in such behaviour or actions.

If your organisation is applying for a sponsor licence for the first time, the Home Office may wish to visit your business premises to carry out a pre-licence audit. The purpose of this visit is to check that your business is legitimate, you are offering genuine employment to migrant workers, and you are able to meet your sponsor duties.

note:

Compliance visits may also be carried out on existing sponsors, even if you have held your sponsor licence for some time.

These visits can be pre-arranged or unannounced, therefore we strongly advise employers to ensure they have the appropriate systems and processes in place to maintain compliance at all times.

Talk to Smith Stone Walters about supporting your organisation in complying with its sponsor duties. Our bespoke Immigration Audit Service will be tailored to meet your business needs and budget, whilst helping you to avoid incurring penalties.

Our dedicated team of UK immigration specialists will ensure that you maintain ongoing compliance with UK immigration law. Whether you require a peace-of-mind soft audit or a fully outsourced compliance and document retention solution, we have the answers.