SPONSOR COMPLIANCE IMMIGRATION

Sponsorship is a privilege and not a right. Having been granted a sponsor licence, significant trust is placed in you as a licence holder. Therefore, sponsors should act in accordance with the immigration rulesand to meet all of the duties and obligations associated with sponsoring a migrant worker.The Home office will conduct appropriate compliance actions if it is necessary and the compliance action will depend on the gravity of the actions/ behaviour of the sponsor.

Our business immigration team is fully aware of the sponsor’s duties and the common mistakes made by the businesses which may lead to their sponsor licence being suspended or revoked. We can help you to carry out regular mock audits such as your record keeping duties, reporting duties to ensure that as a licensed sponsor, you are compliant with your sponsor duties.

Each licensed organisation will receive a unique sponsor licence number which can be found on your decision letter confirming the grant for the licence.

Sponsorship management system (SMS)

The SMS is an online portal which allows the licensed sponsor to conduct day-to-day sponsor activities, including reporting any changes in circumstances such as migrant activity, any changes to your business to the Home Office

Right to work

As an employer, it is your duty to conduct appropriate document checks on employees’ right to work before officially employing them. The legal framework in this area is strict, harbouring serious civil penalties and prosecution.

If a potential employee cannot prove their right to work then you should not employ them. If the employee already works for you, has time-limited permission to work and cannot prove their right to work in a follow up check, you should cease employing them.

Civil penalties

If you employ a worker without conducting the appropriate checks on his/her right to work, you may face civil penalties as well as criminal convictions.

If you have carried out suitable document checks, you will have a ‘statutory excuse’ and will not be liable for a civil penalty. However, document checks will not protect you against prosecution if you knew, or if you could have reasonably known that the worker did not have the permission to work.

Having the history of employing illegal workers will have adverse effect for your business, especially if you apply for a sponsor licence later on.