Success on a Sponsorship License Compliance Requirements

Sponsorship licenses do not come easy. Sponsorship licenses are mandatory for any UK- based organization to sponsor and employ overseas skilled workers. Obtaining a sponsor license requires meeting certain eligibility requirements, and maintaining it after you are awarded a license requires complying with certain duties mandated by the UKVI in the UK.

What is Sponsorship License Compliance?

Sponsorship license compliance means you adhere to the rules and regulations set by the UKVI from the very first day of obtaining a sponsor license. Compliance also means you are maintaining overseas employee records, sending information about the behavior of employees within the fixed time limit, meeting the obligation as an organization to the overseas employees and the country’s immigration system, and ensuring that you conduct fair and lawful practices.

Why do you need to comply?

If you want to retain your sponsor license you must comply with your sponsor’s duties. It created an image of a lawfully operating organization that enhances your reputation as well. You need to comply because failing to do so can result in your license being revoked, fines, penalties, and legal consequences. It hampers your desire and ability to employ foreign talents.
What are the key compliance requirements for success on a sponsorship license? As a sponsor license-holding organization you must comply with the duties and responsibilities in a way that the UK’s immigration system is not abused and you bring and retain the best talents from across the world.

Key Sponsor License duties and responsibilities

The sponsor’s duties start from the first day when it is issued and continue unless and until the license is surrendered by the organization or made dormant or the license is revoked by the Home Office. As an organization holding a valid sponsor license, you must attend to the duties and responsibilities mentioned below:

1. Reporting duties

You must report certain changes affecting your sponsored employees or your organization within a time limit. For example: Changes to a sponsored worker’s circumstances: Unless otherwise stated you must report these changes within 10 working days of when the relevant event occurred.

Changes to your organization: Unless otherwise stated you must report these changes within 20 working days of the relevant event occurrence.

Reporting suspicious behavior of sponsored employees: You must report the UKVI at the earliest if you find or suspect that any sponsored workers have breached their condition of stay.

Reporting to the police of any sponsored employee involved in terrorism or criminal activity: You must inform the police about anything that suggests any worker you are sponsoring on any route may be engaged in terrorism or criminal activity.

2. Changes in worker’s circumstances

You must report certain changes to a sponsored worker’s circumstances by no later than 10 working days or as otherwise specified after the relevant change or event has occurred. For example:

• If a sponsored worker does not start his job within 28 days
• If a sponsored worker is absent from work without permission for more than 10 consecutive working days
• If a sponsored worker is absent for 4 weeks in total in a calendar year without pay or on reduced pay
• If there is a salary reduction otherwise from the level stated on their Certificate of Sponsorship
• If there is any change in the sponsored worker’s status
• If there is any change in your organization details such as a change in name, address, contact number, or key personnel

3. Record keeping duties

You must keep certain documents in paper or electronic form as per Appendix D for each sponsored employee. You must keep them for a specified period of time. The information and documents that you must keep include but are not limited to the following:

• A copy of each sponsored worker’s current passport
• Evidence of sponsored worker’s entry to the UK, where relevant
• A copy of each sponsored worker’s National Insurance number
• Copy of the worker’s Disclosure and Barring Service check, if applicable
• History of the worker’s contact details
• You may need to keep certain documents as evidence of recruitment, rates of pay for the sponsored workers, skill level of sponsored workers, and documents for students.  

4. Complying with UK immigration law

You must comply with UK immigration laws and all parts of the worker and temporary worker sponsor guidance. To do this you must do things that include but are not limited to the following:

• Employ those workers only who are or will be qualified, registered, or experienced for the job by the time they start the job.
• You must keep documents that confirm that sponsored workers meet the requirements of the specific job.
• You should not employ workers without qualifications, experience, or immigration permission to do the job.
• Without a genuine vacancy, you must not assign a certificate of sponsorship
• Only allow the worker to undertake the roles permitted by the conditions of their stay

5. Complying with wider UK law

Other than UK immigration law you must also comply with UK wider law. This includes but is not limited to the following:

• You must comply with UK employment law which means you must follow the national minimum wage, and the working time regulations, and where required enroll your sponsored workers in a pension scheme
• Complying with illegal working and right-to-rent legislation
• Holding suitable planning permission, license registration, or approval to run your business
• If you are a food business, being registered with or approved by the relevant food authority
• Only employing a worker who has had a Disclosure and Barring Service (DBS) check, where this is a requirement for the role.
• Not engaging in any criminal activity.

Things to do for success on a Sponsorship License

There must be robust systems in place to make your sponsor license successful. They include but are not limited to the following:

• Appoint a Dedicated Compliance Officer
• Implement an Internal Tracking System
• Conduct Regular Internal Audits
• Train Key Personnel
• Take expert’s service

Why Visa and Migration?

We have the expertise in successfully complying with sponsorship license compliance requirements. We help you obtain and retain a sponsor license so that you can focus on hiring and working with the best overseas skilled workers. We guide you through each step of continuing to comply with sponsors' duties and responsibilities.
We also assist companies with maintaining compliance checks and prepare them for Home Office visits. If you need any information or assistance on sponsor license compliance requirements you can call or write to us.