Corporate Visa Services
Sponsor Licence Compliance
Navigating the complexities of Sponsor Licence Compliance is a daunting task for many UK employers. At Swift Visa Global, we specialise in providing comprehensive compliance services to ensure your organisation meets all the Home Office requirements, thereby safeguarding your ability to employ talent from overseas.
What is Compliance?
Compliance refers to the adherence to a set of duties and responsibilities mandated by the Home Office for organisations that wish to employ overseas workers. These duties are not just a formality; they are legal requirements that carry significant penalties for non-compliance, including hefty fines and the potential revocation of your sponsor licence.
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Sponsor Licence Duties and Responsibilities
As a sponsor licence holder, you must fulfil several key duties to maintain compliance with UK immigration regulations. These responsibilities include:
- Reporting Duties: Notify the Home Office of significant organisational changes, such as mergers, acquisitions, or updates in key personnel. Employers must now adhere to mandatory reporting obligations for hybrid and remote working arrangements, as well as changes in company size classification, which must be reported within 20 working days.
- Record-Keeping Duties: Maintain accurate and up-to-date records for all sponsored employees, including their immigration status, contact details, and employment history. Proper documentation helps ensure compliance and reduces the risk of penalties.
- Certificate of Sponsorship: Issue Certificates of Sponsorship only to workers who meet the eligibility criteria. Employers must ensure they request the correct type, Defined CoS for workers applying from outside the UK and Undefined CoS for those already in the country.
- Sponsorship Management System: Utilise the Sponsorship Management System (SMS) to effectively manage your sponsorship duties, including issuing CoS, updating records, and reporting key changes. Keeping your SMS up to date is vital for demonstrating compliance
Compliance Audits and Visits
Pre-Licence Compliance Visits
Before granting a sponsor licence, the Home Office may conduct a pre-licence compliance visit to assess your organisation’s readiness and integrity.
Post-Licence Sponsor Compliance Visits
After obtaining a sponsor licence, expect periodic compliance visits from the Home Office to ensure ongoing adherence to compliance responsibilities.
Compliance Audit
Regular internal audits are crucial for ensuring that you meet all sponsor licence requirements. These audits should focus on record-keeping, sponsorship duties, and other compliance-related activities.
Record-keeping
Maintaining accurate records is not just a sponsor duty but a critical aspect of compliance. These records should include:
- Employment contracts
- Payroll details
- Attendance records
Computerised Government Records
Ensure that your records are compatible with government systems for seamless data sharing and verification.
Benefits of Being Compliant
Avoid Penalties
Non-compliance can result in severe penalties, including fines and licence revocation.
Streamlined Processes
A strong compliance record can expedite future visa applications for your sponsored employees.
Enhanced Reputation
Compliance is a mark of your organisation’s integrity and commitment to lawful conduct, enhancing your reputation in the industry.
FAQs
What are the requirements of a sponsor licence?
The requirements for obtaining and maintaining a sponsor licence include:
- Demonstrating a genuine need for hiring overseas workers.
- Maintaining accurate and up-to-date records of all sponsored employees.
- Reporting significant changes in your organisation to the Home Office.
- Issuing certificates of sponsorship only to eligible workers.
- Utilising the Sponsorship Management System (SMS) effectively.
How long does it take to get a sponsor licence?
It takes 8 weeks to process a Sponsor Licence however it can take longer if your case is of a complex nature. Please note that priority slots are available on a limited basis for additional fees so your application can be expedited to 10 working days.
How can I prepare for a Home Office compliance visit?
Preparation for a Home Office compliance visit should include:
- Ensuring all records related to sponsored employees are accurate and up-to-date.
- Making key personnel available for interviews.
- Having a comprehensive understanding of your duties and responsibilities as a sponsor licence holder.
What are the consequences of failing to comply with sponsor licence duties?
Failure to comply with sponsor licence duties can result in a range of penalties, including:
- Fines or civil penalties.
- Downgrading of your sponsor licence rating.
- Temporary suspension or permanent revocation of your sponsor licence.
Contact Us
For bespoke Sponsor Licence Compliance services, contact us today.
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