Are You Aware of your Sponsor Licence Obligations?

Are You Aware of your Sponsor Licence Obligations

As an employer you may be well aware of the time, effort and resourcefulness needed to secure a Sponsor licence. But the work doesn’t get over here, fulfilling the sponsor licence obligations require equal diligence, committed efforts and honesty. 

Let us define the clear purpose and objective of sponsor licence obligations. 

Sponsorship is not a right, it is a privilege. Knowing your sponsor licence obligations is a must for every sponsor licence holder.

Guiding principles

The ultimate goal to comply with your sponsor licence duties is to ensure that the immigration system is not being abused and those getting a direct benefit from the migration such as employees, employers, educators and other organisations hiring overseas talent, fulfil their duties, in a manner that is conducive to general good, coherent with UK laws.

The Sponsor licence duties ensure early capturing of any behavioral pattern that may concern and possible weaknesses causing such behavioral patterns to exist.

When do Sponsor licence duties Start and finish?

The sponsor licence duties start from the day you are granted a sponsor licence and continue until

  1. You have got the sponsor licence suspended,or
  2. The sponsor licence has been revoked, or
  3. You surrender the licence
  4. The sponsor licence is dormant( when you are oven taken by any other organisation)

Your sponsor licence duties towards the workers start with day you issue them the Certificate of Sponsorship(CoS) and ends until,

  1. The worker’s leave the UK and their entry clearance or permission expires or lapses
  2. The workers’s application for entry clearance or permission is refused, or is cancelled, and any administrative review or appeal rights have been spent 
  3. The workers are granted entry clearance or permission to work for a separate sponsor 
  4.  The workers are granted settlement (i.e, indefinite leave to remain), or permission to stay on an immigration route that does not need sponsorship on the Worker or Temporary Worker routes
  5.  You inform the Home Office that you are no longer sponsoring the worker.

What are sponsor licence compliance requirements and duties

The UK immigration rules are quite strict and rigorous when it comes to checking the sponsor licence compliance.

The sponsor licence enables you to dive into the global talent pool and hire the best skilled worker for your requirements but this comes with formidable compliance duties as well.

The Home Office has been vigilant and unexpected checks and audits on company establishments have become increasingly common. It therefore becomes critical that you fulfil your sponsor licence duties. Failing to comply with the requirements for compliance can lead to the following,

  1. downgrading your licence rating from ‘A’ to ‘B’
  2. reducing the number of CoS you can assign to new workers
  3. Suspension of your licence till further investigation
  4. revoking your licence

In specific cases, reporting you to the police or other relevant authorities can also effectuate.

So, what are your compliance duties as a Sponsor licence holder?

  1. Reporting duties

The reporting duties involve you to report the changes and occurrences of information and events to the Home Office via SMS facility.  Any information reported about a worker’s non-attendance, non-compliance or furlough may be subjected to enforcement action against them

The reporting can be done in two ways

Reporting of events within 10 days of occurrence

  • The worker does not turn up for the job
  • The worker is absent from work for more than 10 days straight
  • The worker’s contract of employment has been terminated.
  1. Record- keeping

The Appendix D of the Sponsor licence guidance elaborates the documentation needed to be safeguarded and produced when asked by the Home Office.

 The record keeping duties involve keeping documents of the workers you sponsor. The documents can be stored either electronically or manually. However these documents must be visible as mentioned  to the Appendix D.

  1. Assigning key personnel for sponsorship management roles

It would be best to appoint key personnel within your business to manage the sponsorship process when you apply for a licence.

The primary tool they will use is the sponsorship management system (SMS)

  • authorising officer – a senior and competent person responsible for the actions of staff and representatives who use the SMS
  • key contact – The individual will be the point of contact with UK Visas and Immigration (UKVI)
  • level 1 user – The individual must look after all day-to-day management using the SMS

The same person or different people can fulfil these roles.

The employer can also appoint an optional level 2 user once you have secured the licence.  You can submit a guest post law

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By Michael Caine

Michael Caine is the Owner of Amir Articles and also the founder of ANO Digital (Most Powerful Online Content Creator Company), from the USA, studied MBA in 2012, love to play games and write content in different categories.

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