When holding a sponsor licence, employers are required to adhere to a set of duties outlined by the Home Office. These duties ensure that businesses comply with UK immigration laws and help prevent abuse of the immigration system.
Some duties apply to all sponsors, while others are specific to certain visa routes. Failure to comply can result in penalties, including the suspension or revocation of your licence.
What Are the Duties of a Sponsor Licence Holder?
If your organisation holds a sponsor licence, you must meet the following key obligations:
- Record Keeping
Sponsors must maintain accurate and up-to-date records of their sponsored employees or students. This includes:
- Keeping copies of passports, visas, and other right-to-work documentation.
- Recording absences and maintaining an auditable filing system or secure database.
- Reporting Duties
Certain events or changes must be reported to the Home Office within specific timeframes using the Sponsor Management System (SMS). These include:
- Employee changes such as resignation, termination, or changes in job title or duties.
- Significant changes to your organisation, such as a change in ownership or address.
- Compliance with Immigration Rules
Sponsors must follow all applicable immigration laws and adhere to the specific guidance for Worker and Temporary Worker routes. This includes ensuring that sponsored roles meet the skill and salary thresholds.
- Compliance with UK Laws
Beyond immigration laws, sponsors must also comply with broader UK legislation, including:
- Employment law to ensure fair treatment of employees.
- Taxation and workplace safety regulations.
- Acting for the Public Good
Sponsors are expected to act consistently with the UK’s values and must not engage in actions that are detrimental to the public good.
How Does the Home Office Monitor Sponsor Compliance?
The Home Office conducts regular checks to ensure sponsors are fulfilling their duties. These checks can occur at any time, including:
- Before granting or renewing a licence
- During the validity of your licence
Compliance Checks May Include:
- Site inspections to review your HR processes and record-keeping.
- Requests for additional documents to verify compliance.
- Checks with other government departments, such as HMRC or local authorities.
What Happens If You Breach Your Sponsor Duties?
The Home Office has strict measures in place to enforce compliance. If a sponsor breaches its duties, the following actions may be taken:
- Downgrading your licence from an A-rating to a B-rating, which comes with mandatory action plans to address the issues.
- Suspension of your licence, preventing you from sponsoring new workers.
- Revocation of your licence, resulting in loss of your sponsorship privileges.
- Reduction in Certificate of Sponsorship (CoS) allocation, limiting your ability to recruit migrant workers.
Why Are Sponsor Duties Important?
The Home Office relies on sponsors to ensure the integrity of the UK immigration system. By fulfilling your sponsor duties, you help maintain compliance and reduce the risk of penalties or licence loss.
How Can You Ensure Compliance?
To stay compliant:
- Understand your obligations: Familiarise yourself with the Home Office’s sponsor guidance.
- Set up robust HR systems: Use tools to track, report, and store employee information securely.
- Seek expert advice: If you’re unsure about any aspect of your sponsor duties, consider consulting immigration experts to help you remain compliant.
Need help navigating your sponsor licence responsibilities?
Contact us today for tailored advice and support in managing your sponsor duties and ensuring full compliance with UK immigration laws.
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