Sponsor Duties and Compliance

Do you hold a sponsor licence? Explore our guide to understand the sponsor duties, compliance requirements, reporting changes, and effective record-keeping.

As a sponsor, your primary duties and compliance responsibilities include verifying the immigration status of your workers, maintaining accurate attendance records, promptly reporting any significant changes in worker status, and providing ongoing staff training to ensure compliance with UK immigration laws.

If you have questions regarding sponsor duties and compliance, contact Wembley Solicitors at 0203 417 3700 or fill in our online contact form.

Table of Contents

Understanding sponsor duties and compliance

As a sponsor, it's vital to understand your duties and the rules you must follow. The Home Office has strict guidelines that affect your licence and the work status of your employees. Not following these rules can put your business and your employees at risk.

Your main duties include keeping accurate records, telling the Home Office about any changes, and making sure your workers follow their visa rules. You must always check that your workers meet visa standards and that your business follows the law. If you don't, you could lose your sponsor licence.

Being compliant means more than just following the law. It means being proactive in managing your sponsorship duties. This means checking your processes and documents for each sponsored worker regularly. This way, you make sure you're doing things right and can handle any unexpected problems.

If you need help with these complex rules, call Wembley Solicitors at 0203 417 3700. They have a team that can help make sure your business meets all the compliance requirements.

What is a sponsor licence?

A sponsor licence is Home Office approval that lets a UK-based employer or organisation hire skilled workers from outside the UK. This licence allows businesses to issue Certificates of Sponsorship (CoS) to foreign workers, enabling them to apply for a work visa to live and work in the UK.

What are the main duties of a sponsor?

Having a detailed sponsor licence compliance checklist is key for every sponsor. It helps you stick to all your duties. It's important to keep track of what you need to do.

Sponsors have several key responsibilities, including:

• Maintaining accurate and up-to-date employee records.
• Reporting changes in a worker's circumstances to the Home Office.
• Conducting thorough right-to-work checks before employment.
• Ensuring that the job offered meets the criteria for the relevant visa category.
• Ensuring that all sponsored workers understand their visa conditions.
• Regularly reviewing your internal processes for compliance.
• Training staff responsible for compliance.

For help with staying compliant, get legal advice from Wembley Solicitors. Our business immigration solicitors can give you specific advice to make sure you're doing everything right. Call us at 0203 417 3700 or fill in our online contact form for help.

Sponsor's reporting duties

Having a sponsor licence means you have important duties to report. It's important to know what and when to report to keep your sponsorship running smoothly.

It's essential to report on your sponsored worker's status on time. You must tell the Home Office about any issues that might affect their job.

Important things to report include:

• Absence without permission.
• Changes in the worker's role or job title.
• Alterations to the work location.
• Disciplinary issues that lead to termination.
• Any changes in the worker's personal circumstances affecting their employability.

Following these reporting duties keeps your organisation in line with the law. Not reporting changes can lead to serious problems, like losing your sponsor licence.

Below is a table that outlines different changes and when to report them:

For help with your sponsor reporting duties, contact Wembley Solicitors at 0203 417 3700. Following the rules not only protects your business but also supports a clear and responsible sponsorship process.

Sponsor's record-keeping duties

You are required to retain specific documents for each worker you sponsor. These documents, along with the retention periods, are detailed in Appendix D of the sponsor guidance.

You can store these documents either in paper or electronic form. If stored electronically, ensure that all relevant sections of the document are clearly visible, as outlined in Appendix D.

As a sponsor, maintaining accurate and up-to-date records is a key part of your responsibilities.

Here is a list of documents and records that you should maintain as a sponsor:

• Identity and immigration documents including passport and BRP.
• Employment records including employment contract, job role, duties, salary, and working hours.
• Attendance logs and records of any absences & reasons.
• Contact details including current residential address, phone number, and email address.
• Copies of issued CoS and supporting documents related to the worker's role.
• Records of reports submitted via the Sponsorship Management System (SMS) and any correspondence with the Home Office.
• Documentation of staff training on sponsor duties and records of compliance procedures and updates.
• Ensure documents are kept for the duration of employment and at least one year after employment ends, or until any compliance issues are resolved.

Ensure records are organised and easily retrievable.  For electronic records, verify that all relevant parts are visible and accessible.

How to comply with your duties

Following sponsor duties needs a careful plan. Create strong internal checks to keep up with compliance. Regular checks spot areas to improve, letting you fix problems early.

Training is essential for ongoing compliance and ensuring your team knows their duties. Regular training, workshops, and policy updates will boost their skills and knowledge.

• Set up a dedicated compliance team within your organisation.
• Document all procedures and policies related to sponsor duties.
• Conduct regular compliance audits to ensure ongoing adherence to regulations.
• Update staff training programmes periodically to reflect current laws.
• Maintain open communication with legal advisors to stay informed on best practices.

What are the consequences of non-compliance?

Non-compliance with sponsor duties can lead to serious consequences, including:

• Downgrading, suspension, or revocation of your sponsor license.
• Fines or other financial penalties.
• Criminal prosecution in severe cases.
• A ban on employing foreign workers in the future.

Breaching sponsor duties: Home Office enforcement

It's crucial to know the risks of not meeting sponsor duties for your business. If you fail, the Home Office can take strict steps. These could be fines, suspending, or taking away your sponsor licence.

Penalties for breaking sponsor duties include:

• Warning letters outlining the specific breaches
• Financial penalties that vary based on the severity
• Suspension of the sponsor licence, limiting your ability to conduct sponsorship activities
• Revocation of the licence, which completely removes your sponsorship capabilities

Having strong rules in place can shield your business from Home Office actions. Keeping records right and training your team well is key. This helps protect your duties.

If you're facing enforcement issues, you can appeal. Appealing lets you challenge the Home Office's actions. Getting legal advice is highly advisable to go through this process right.

For help and detailed legal advice on sponsor duties, call Wembley Solicitors at 0203 417 3700.

When do your sponsor duties start and end?

Your responsibilities as a sponsor begin the moment your sponsor licence is granted by the UK Home Office and will continue until you either surrender the licence or it is revoked by the Home Office.

As a sponsor, you must always make sure you meet all the conditions. This means keeping records, reporting any changes, and checking on your sponsored workers.

Your duties end when you stop sponsoring a worker. This could be if the worker leaves your job or if the Home Office takes away your licence. Knowing when your duties end is important to follow the rules and avoid fines.

If you have questions, contact Wembley Solicitors at 0203 417 3700. Getting clear on these duties can help protect your organisation from future problems.

How to report changes to your organisation

As a sponsor, it's vital to know how to report changes to your organisation quickly. You must tell the Home Office about any changes to your contact details, business structure, or activities right away.

Here's how you can report these changes:

• Log in to the Sponsorship Management System (SMS).
• Identify the type of change such as changes in your organisation's name, address, ownership, or structure.
• Submit details of the changes and supporting documents.
• Maintain a record of the changes you reported and any acknowledgements or follow-ups from the Home Office.
• After reporting the change, monitor your SMS account and email for any further instructions or requests for additional information from the Home Office.
• After reporting, review your compliance procedures to ensure they align with the changes made.

What is the Sponsorship Management System (SMS)?

The Sponsorship Management System (SMS) is an online tool provided by the Home Office that helps sponsors manage their licences. With SMS, sponsors can issue Certificates of Sponsorship, report any changes or problems, and handle their compliance duties.

How to Contact Wembley Solicitors?

If you require a solicitor to manage your sponsor licence or have questions about sponsor duties & compliance, call our business immigration solicitors today at 0203 417 3700.