A sponsor licence allows an employer to offer jobs to non-EEA migrants, these can be potential candidates already here on an eligible visa or candidates from outside the UK. Our business immigration solicitors advise you on the merits of your application for a sponsor licence, as well as how to manage this licence as it is very important you understand the responsibilities.
A sponsor is responsible for fulfilling certain duties from the day their sponsor licence is granted until:
- they surrender their licence
- they let their licence lapse
- the Home Office revokes their licence
The sponsor is required to give certain responsibilities to members of their staff, some or all of whom will have access to the sponsorship management system (SMS) once they have been granted a licence.
What to expect in Home Office compliance visits?
Pre-license assessment visit
A pre-licence assessment visit is visiting the premises of an employer or educational institution that has applied for a sponsor licence or has an existing sponsor licence but is applying to add another tier to it. Your visit findings will be considered by Sponsor Operations when they decide whether to grant the potential sponsor a licence or another tier.
When carrying out a pre-licence assessment visit, you must check:
- necessary human resource (HR) systems are in place to make sure that, if they are licensed, they will be able to carry out their sponsor duties
- the number of migrants they want to sponsor is appropriate to the size and nature of the organisation
- whether there is any evidence that suggests the potential sponsor would pose a threat to immigration control
- any areas of concern that Sponsor Operations have identified as requiring further inspection relating to the potential sponsor’s application, for example, verifying the original documents they failed to submit with their application
- if the potential sponsor has applied for Tier 2, that they will genuinely be able to offer employment that meets the Tier 2 requirements at the correct skill and pay level
Post-license compliance visit
A post-licence compliance visit is to a sponsor who already holds a sponsor licence. Home Office may be carrying out a compliance visit because;
- Sponsor Operations have requested the visit in connection with:
- intelligence about the organisation
- the sponsor hitting a trigger point for the number of migrants they have sponsored
- a sponsor licence renewal application
- another unit in the Home Office has requested the visit as part of a joint operation
- the sponsor is B-rated and is therefore subject to an action plan that now requires assessment the sponsor has requested the visit
- a probationary sponsor requires assessment because they have applied for Tier 4 sponsor status
- the Premium Service team have requested a visit
This list is not exhaustive but covers the main reasons that Home Office might need to carry out a post-licence compliance visit.
Home Office can make an announced or unannounced visit, as the sponsor guidance makes clear to sponsors that they must allow Home Office staff access to any of their premises or sites under their control, on demand. If a sponsor refuses to allow access on demand, the visit report will be on record that the sponsor was non-compliant, which may result in the sponsor licence being refused or revoked.
How our immigration solicitors can help?
Our immigration solicitors can outline a compliance policy based on their experience to conduct a compliance audit of your business in advance of any Home Office inspection.
During our mock immigration audit, a specialist business immigration solicitor will:
Information verification provided at the time of license application
- Checking of current document and record management system to ensure it complies with sponsor pre and post license compliance
- Reviewing the personnel files of any sponsored migrants to identify deficiencies and areas for improvement
- Preparing key personnel involved in the recruitment of migrant workers for Home Office questions
- Interviewing any migrant workers to determine whether they are familiar with the terms and conditions of their UK visas
- Conduct checks on other workers to ensure you are complying with your obligation to prevent illegal working
Following our compliance visit, you will receive a comprehensive written report prepared by the immigration solicitor who conducted the audit identifying risk areas and providing expert recommendations for improvement by experienced solicitors.
