Obtaining a sponsor licence allows your business to reap the benefits of recruiting skilled non-UK resident workers. However, a sponsor licence also comes with certain obligations.
Your business will be expected to meet strict requirements known as ‘sponsor duties’. At 3CS, we assist employers with sponsor compliance every day. Here are some important factors to keep in mind.
When Do Sponsor Duties Begin?
Your sponsor duties begin as soon as you are officially granted a sponsor licence – although you are required to be compliant with all the duties at the time you apply for your licence, otherwise it is liable to be refused. These duties will continue until you have surrendered the licence, or it has been revoked.
Sponsor duties fit into three key categories. Your business will have to:
- Maintain accurate records.
- Report significant changes in your organisation to the Home Office.
- Comply fully with UK immigration law.
The penalties for non-compliance with a sponsor licence are severe and can include action plans with financial costs, revocation of your sponsor licence and even criminal sanctions. Thankfully, we understand the importance of compliance in this area, and we can help your business keep everything above board.
What Are Your Record-Keeping Duties as a Sponsor?
A key aspect of your sponsor duties is to keep accurate records of your sponsored workers. You can do this electronically or by paper, but the records must always be available for the Home Office and all record keeping must comply with the Data Protection Act 2018 and the UK General Data Protection Regulation.
The Home Office has an extensive list of the documentation you must keep on sponsored workers published on its website. It includes documents that relate to immigration status, attendance, payment records, proof of skills, right to work and up-to-date contact details for sponsored workers. We understand that record-keeping duties can feel overwhelming and are more than happy to help you with this.
What Are Your Reporting Duties?
Another aspect of sponsor compliance is reporting. You will be expected to report any significant changes that impact your sponsored workers. Changes should be reported online using the Home Office’s Sponsorship Management System. There are time restraints on reporting, and significant changes must usually be reported within 10 or 20 working days, depending on the nature of the change.
Some common examples of changes that you will need to report include:
- Changes to a sponsored worker’s work location. Your sponsored workers’ normal work location should always be recorded accurately on their certificate of sponsorship. When this changes, the certificate must be updated accordingly.
- Notable absences. If your sponsored worker is absent in certain situations for more than 10 consecutive working days, this must be reported on the Sponsorship Management System.
- Changes to your organisation. If the management structure or location of your company has changed, this must be reported.
- Changes to the sponsored worker’s role. If your sponsored worker changes job title or has a salary increase (other than usual annual increments) or reduction, then this must be reported.
Ensuring compliance with reporting duties is something we deal with all the time. The team at 3CS can assist you with reporting significant changes to your company’s or sponsored worker’s circumstances on time.
What Are Sponsor Licence Audits?
The Home Office has the authority to conduct sponsor licence audits at any time. These usually involve a visit to your business premises to check that you can meet your sponsor duties and are offering genuine employment to migrant workers. Audits can be conducted before a sponsor licence is granted and on businesses that already hold a licence.
Audits can be unannounced, which means preparation is vital. We can help you implement compliant processes as soon as possible.
How 3CS can help
For further guidance on the sponsor compliance duties of your business, or other matters related to immigration or employment law, don’t hesitate to reach out to our experienced team of solicitors.
