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13 Jan Sponsor duties – what do you need to know?

Posted on January 13, 2022 in Working in the UK by
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Any UK organisation wishing to employ a foreign worker will need to have a valid Sponsorship Licence (SL) prior to being able to do so.

Throughout the validity of the licence, the sponsoring company will have a duty to act in accordance with the Immigration Rules and failure carries the risk of both financial penalties as well as criminal/civil charges. The duties of an organisation start on the date when their licence is granted and ends when a licence is surrendered or revoked.

The duties include, but are not limited, to the following:

  • Prevention of illegal working and abuse of immigration laws and sponsorship arrangements;
  • Monitoring compliance with the Immigration Rules, all parts of the Worker and Temporary Worker sponsor guidance, and wider UK law (such as employment law).

Sponsor Licence Duties and Responsibilities:

  1. Reporting duties

The sponsor has a duty to report certain information to the Home Office via the Sponsorship Management System (SMS) within the time limits. For instance, the employer must report any of the actions listed below within 10 working days of the relevant event occurring:

  • If a sponsored worker does not start the role for which they have gained sponsorship;
  • If a sponsored worker is absent from work for more than 10 consecutive working days without permission;
  • If a sponsored worker’s employment ends earlier than the date shown on their CoS – for example, if the worker resigns or is dismissed;
  • If the company stops sponsoring a worker for any other reason;
  • If there are any significant changes in the sponsored worker’s employment (i.e. promotion or change in job title or core duties, a reduction in salary from the level stated on their CoS);
  • If the size or charitable status of the business changes.

In addition, the company must report the following below within 20 working days if there are any significant changes to the organisation:

  • Change the company’s name or the name of any of their branches;
  • Sell all or any part of the business;
  • Merger or the company is taken over;
  • Stop trading or start insolvency procedure;
  • Substantially change the nature of the business;
  1. Record-keeping duties

The employer must have a system in place to be able to record as well as keep any documents pertaining to sponsorship and make them available to the Home Office on request. For instance, a photocopy or electronic copy of the relevant pages of each sponsored migrant’s passport as well as the UK immigration status document and biometric residence permit showing their entitlement to work.

In addition, the employer must have a record of each sponsored migrant’s contact details, their up-to-date residential address and contact number, NI number etc.

  1. Complying with the immigration laws

The company must be in compliance with the immigration laws. As a result, if the business were to be audited by the sponsorship team, it should be able to show that it

  • Only employs workers who are appropriately qualified, registered or experienced to do the job or will be by the time they begin the job;
  • Keeps a copy of any registration document, certificate or reference that confirms they meet the requirements of the specific job, and provide this with the Home Office on request;
  • Does not assign a CoS where there is no genuine vacancy or role which meets the Worker or Temporary Worker criteria;
  • Only allows the worker to undertake the roles permitted by the conditions of their stay;
  • Only issues a CoS to an individual if the company is satisfied they intend to, and are able to, fill the role.
  1. Complying with wider UK law

The sponsor has a duty to comply with wider UK law (other than immigration law). For instance, complying with UK employment law, or complying with illegal working and right-to rent legislation etc.

How will the Home Office check a sponsor is complying with the sponsor duties?

In order to assess whether a SW sponsor is able and continues to comply with its duties and responsibilities, the Home Office may:

  • Ask the company for additional documents or information;
  • Verify documents and information the sponsor has provided;
  • Visit the employer;
  • Make checks with other government departments, agencies or local authorities.

In addition, the compliance officer might will:

  • Verify any information the company provided in their sponsor licence application;
  • Verify any information the employer provided in support of any migrant’s application for entry clearance or leave to remain;
  • Check the company is complying with all of the sponsor duties;
  • Speak to any sponsored individuals, including any migrants that the company may have previously sponsored;
  • Speak to any of the employees or colleagues involved in the recruitment of sponsored workers;
  • Inspect records and/or systems to ensure the company is following the sponsor obligations and adherence to rules, such as those on record keeping set out in Appendix D of the sponsor guidance;
  • Conduct checks on other migrants to ensure the employer is complying with their obligation to prevent illegal working;
  • Conduct checks (including criminal record and civil penalty checks).

Contact Our Immigration Team

For expert advice regarding any aspect of the Sponsor Licence application, please contact our immigration team on 0203 384 3075.

 

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.