What is the Sponsor Licence Audit Process?
Any address where sponsored migrants are employed is subject to announced or unannounced compliance visits by the Home Office. Employers risk having their sponsor licences cancelled and any staff visas restricted if they are not ready or do not have the necessary procedures in place.
The HR systems and procedures of the sponsor would be evaluated by the Home Office using a three-point scale, with one representing the best and three the worst.
They will focus on the following five areas in particular:
- Keeping an eye on immigration status and preventing unlawful employment
- Maintaining contact information for migratory workers
- Keeping of records
- Monitoring and tracking of migrants
- Hiring procedures and professional certifications
A business would need to get a one or nearly one rating in each of these categories in order to keep an A-rated sponsor licence under the Points-based System (PBS).
An audit of a Sponsor Licence may include:
- Examining the HR records of a foreign immigrant
- A study of the company’s rules and regulations
- Interview with the key sponsor licence management personnel
- Any workers to whom you have issued a Certificates of Sponsorship (CoS) for interviews
- How well the employer is complying with the Sponsor Licence regulations
- Ensuring to meet the requirements as an employer in order to prevent penalties from the Home Office
The most crucial need for any business is to confirm that every worker is authorised to work in the UK. Employers must ask to view the passports of their employees as well as any other documentation (such as biometric residence permits or immigration status certificates) that attest to their eligibility to work. Copies of these must be maintained and made available to the Home Office for review in the employee’s file.
These regulations are in place to make it more difficult for individuals without legal authorization to work in the UK to get or maintain employment. The highest fine under the civil penalty regime, which can also result in criminal prosecution, has been set at £20,000 per illegal worker by the government, which is eager to discourage firms from hiring illegal workers.
This serves as a reminder to businesses of the significance of understanding and upholding their commitments when hiring foreign workers.
An employer won’t receive a fine if these personnel checks are carried out in accordance with the rules and the necessary copies of the papers are maintained
You must make sure of the following in order to show that you adhere to your obligations as a sponsor as stated in the official guidance for sponsors:
- You truly conduct business in the UK
- You must make sure that you keep the proper paperwork for migrant workers on file
- You must make sure that any changes affecting your company or your general staff are updated via the SMS site
- You must make sure you have the necessary accreditation to conduct business as a sponsor
- Make sure the migrant worker is employed at the proper level and receives the necessary salary
- Make sure the foreign workers you hire can perform the tasks for which they have been hired
- Make sure you only provide a restricted Certificate of Sponsorship (CoS) once you have satisfied the requirement for the local labour market
- You maintain up-to-date information on the most recent changes and additions to the Sponsor Licence procedure
- You don’t pose a risk to immigration enforcement
If you wish to hire both EU and non-EU nationals for your company, you should be aware that the UK immigration regulations demand stringent compliance with Sponsorship and Compliance standards.
Using sponsor management solutions to control your obligations as a sponsor is essential for bringing foreign workers to the UK to work for you. Additionally, you must be ready for the UKVI’s unexpected audits, which are intended to make sure that the actions of your migrant staff comply with the law.
While our UK Sponsor Licence Experts are here to accurately guide, you can focus on better things. They’ve got this!
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