Mock Sponsor Licence Compliance Visit: Are they truly necessary?
Below, we set out some of the key reasons why an employer might want to have a mock immigration / sponsor licence compliance audit
When UK employers are granted with a sponsorship licence (a licence which enables an employer to sponsor foreign workers to come and work in the UK) there are prescribed duties imposed upon them by the Home Office. Any breach of these duties will grant the Home Office the power to revoke the company’s sponsorship licence and, in many instances, lead to further repercussions. Unsurprisingly, the Home Office does not take breaches in sponsor compliance lightly as companies who fail to uphold their duties are a risk to UK immigration control.
The main way in which the Home Office ensure that companies are upholding their sponsorship duties is through an onsite sponsor licence compliance visit by UK Visas and Immigration (UKVI).
The government is cracking down on illegal migrants and is now taking every action possible within their power to ensure employers are complying with their duties and not hiring illegal migrants.
In a recent Home Office report, it was highlighted that in 2022 alone, 416 sponsor licences were suspended and 315 were revoked. It is clear that the Home Office are conducting thorough checks of companies and that all employers should ensure they are aware of their duties as a company and employer.
When can an employer receive an onsite sponsor licence compliance visit?
Employers should expect visits from the home office at any point during the following stages;
At the pre-licence stage of the application process – here the home office will inspect the company’s HR system and processes before granting the licence;
At any point during the validity of the sponsor licence (4 years); or
When a sponsor licence renewal application is submitted.
During an audit, the Home Office will assess sponsors on the following areas:
✔️ Monitoring immigration systems and preventing illegal employment;
✔️ Maintaining migrant contact details;
✔️ Record keeping and recruitment processes;
✔️ Migrant tracking and monitoring; and
✔️ All other sponsor duties.
If a civil penalty is issued for illegal working or the home office is made aware of non-compliance an audit by the Home Office will be triggered.
Mock Compliance visit
An effective way for employers to ensure compliance and avoid UKVI sanctions is for employers to organise regular and impartial mock compliance visits which can be carried out by a third-party specialist, such as immigration solicitors with specific expertise in the onsite sponsor licence compliance process. The purpose is that an auditor can visit a sponsors’ premises unannounced and follow the same process which would be carried out by UKVI. The mock visit will help to identify any issues of concern and recommend any changes to be made. Once these changes are made, further visits can be made to check for compliance.
Are they necessary?
Mock compliance visits are not mandatory and, an employer can choose not to carry them out, but just as a cast on the West End would carry out a dress rehearsal or an athlete carry out a test match, the advantages of being prepared are invaluable. As the famous quote of Benjamin Franklin goes, “failing to prepare, is preparing to fail”. The main advantage of a mock compliance visit is that it will ensure the ongoing compliance of an organisation and provide employers with peace of mind that if they are ever audited by a real UKVI compliance audit, they are comfortable that they are compliant. An audit can spot problems that may have been missed and those problems can be rectified before it is too late.
Complying with the Home Office’s duties is essential to securing a licence in the first instance and ensuring a business can retain the right to hire foreign workers thereafter. Having a licence suspended, revoked, or downgraded could lead to an employer losing all of their existing sponsored workers, not to mention the negative reputational implications for an organisation. By putting in place vigorous processes, training, and of course regular mock compliance audits, employer can be as confident they have done all they can to ensure compliance.
How can I get support?
If you have any queries in relation to this article or require specific sponsor licence compliance audits advice or support, please do not hesitate to contact our experts at Dragon Argent. We have experience in helping our clients identify and fix any gaps in their record keeping, processes and obligations.
If you would like to speak to us about your compliance duties, or arrange a compliance audit, please schedule a discovery call with one of our Employment and Immigration experts today.
Book a call with our Business Immigration Solicitor today ↓
Categories
- (S)EIS Tax Relief
- Accountancy Best Practice
- Art and Luxury Assets
- Business Immigration
- Commercial Law
- Commercial Litigation
- Corporate Law
- Corporate Strategy
- EMI Share Option Scheme
- ESG Compliance
- Employment Law
- Fundraising Strategy
- Human Resources
- Intellectual Property
- Merger and Acquisition
- NFTs and Digital Trading
- R&D Tax Credits
- Startups & SME Advice
- Tax Advice
- UK Subsidiary
webinars FOR FOUNDERS
Don't forget to share this post!