The business must confirm each applicant's ability to work in the UK and gather, retain, and keep documentation demonstrating that eligibility in order to stay in compliance with the Immigration and Asylum Act.

What is a Sponsor License?

With the aid of sponsor licences, businesses are able to employ immigrants from outside the UK, but these licences also come with a number of duties for employers, some of which may be quite onerous.

Any breach of a sponsor license's obligations may result in a drop in user rating, the suspension or revocation of the licence, and/or a civil fine. Migrants who are currently employed face the risk of losing it as a result.

The following is a list of some of the most important sponsor compliance areas:

Keeping track of immigration status and avoiding hiring any foreign employee unlawfully

All businesses are required to perform initial right-to-work checks on new employees to confirm that they have the legal right to work in the UK. It will be your responsibility to demonstrate that you have the internal policies and processes needed to conduct these inspections.

One's suitability for a job can be assessed by:

• Examining the applicant's original documents; 
• If the employee has given you their share number, 
• Utilising the online verification tool offered by the Home Office.

If a right-to-work check finds that a person's permission to remain and work in the UK is transitory, employers must evaluate the employee's ability to work. These follow-up inquiries are intended to deter individuals from working unlawfully or from overstaying their visas.

Keep detailed records on every sponsored employee you hire 

Sponsors are responsible for ensuring that the Home Office may quickly get information about a foreign recruit in response to a request.

You must be able to demonstrate that you have the required safeguards in place to guard copies of your workers' passports, biometric residency permits (BRPs), and visas. 

All documents relating to the immigrants you have sponsored must be kept

The compliance officer has evaluated and authorised the immigrant even though you stopped Sponsoring them less than a year ago. For the duration of your licence, you should save any documentation you submitted with your sponsor licence application. Documents may be stored in both electronic and physical form, but any extra-legal requirements for data storage must be complied with.

Monitoring and keeping a check on your migrant worker

To prove that you have the necessary safeguards in place to track the immigration status of any immigrant you sponsor, you must show that your internal practices reduce the likelihood of hiring a migrant who is not authorised to work in the UK.

You must show that you have a mechanism in place to track the expiration dates of the visas you sponsor for your employees and that you maintain accurate records of their addresses. You should also set up procedures to guarantee the accuracy and currency of the contact details you keep on file for your personnel.

Maintain accurate records

One of your duties as a sponsor is to be able to maintain accurate data on all foreign workers you have sponsored.

You must be able to demonstrate that you have thorough personnel files for each employee, including absence logs, pay records, and documentation pertaining to the hiring of migrant employees. 

Additionally, it is important to keep historical data for the proper period of time, such as former contact information for your personnel.

What criteria should you set for reporting?

Licenced sponsors are required to use their login credentials to the Home Office's sponsorship management system to notify the Home Office of any significant changes to their company or the circumstances of the sponsored migrants within ten working days. Using the sponsorship management system, an online programme, a sponsor may manage daily sponsorship duties and obligations, such as reporting changes to a migrant's circumstances.

When the Home Office should be notified?

• If the recruited employee who was sponsored by you skips their first day of work and gives an explanation.
• Your employment-sponsored immigrant's status was terminated sooner than stated on their Certificate of Sponsorship (CoS).
• If you have a different objective, you stop helping the immigrant.
• More than ten working days are missed by your sponsored employee without good reason.
• Your sponsored employee's working circumstances, such as their major tasks, primary title, income, or workplace, may have changed.
• Sponsors can notify sponsors of these changes by using the online Sponsorship Management System.

Does your business follow UK labour law?

One of your responsibilities as a licenced sponsor is to follow all relevant UK employment regulations. You must demonstrate that the sponsored immigrants will work honestly and get all employment benefits to which they are lawfully entitled, such as paid sick and vacation days. It is necessary to provide any extra work needs, such as parks and housing.

The Home Office will take the required compliance steps if it is determined that the present sponsor is acting in a manner that is not in the best interests of the general public. The gravity of the behaviour or deed will determine how much cooperation is required.

Everyone should go through screening, regardless of background or country, to avoid any charges of bias. A Sponsor Licence holder might face a civil penalty of up to £20,000 if it is shown that they hired someone who was not authorised to carry out the necessary work. Employing an illegal worker while knowing you are doing so is against the law, and you might be subject to harsh fines and perhaps up to two years in prison.

Contact A Y J Solicitors for assistance

AY J Solicitors' team of immigration experts routinely helps companies with simulated audits to identify areas for improvement in the management of your sponsor licence. To learn more about our services, please get in contact with one of our professional immigration lawyers.

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