Any business planning to engage skilled workers outside the country should adhere to UK sponsor licence regulations. A sponsor licence is a facility that lets an organisation issue Certificates of Sponsorship in the UK, and without one, it would be impossible to recruit internationally. Such licences have heavy responsibilities, though, which must be managed diligently to avoid penalties or loss of licence. This article explores critical strategies to ensure your organisation adheres to sponsor licence regulations.
Understanding Your Responsibilities
The UK sponsor licence framework has various responsibilities placed on the sponsoring employer. It means ensuring that the job offer is genuine, sponsored employees are monitored, and accurate record-keeping is maintained. Employers must demonstrate that they have appropriate measures in place to prevent illegal working and comply with all relevant immigration obligations; if not, this could lead to some serious consequences, such as heavy fines or loss of the sponsor licence.
Key Areas of Compliance
1. Record-Keeping and Reporting
The basic requirements are that a sponsoring employer should maintain proper, thorough records of all its sponsored employees. These records include an up-to-date copy of each sponsored employee's passport; a copy of the relevant biometric residence permit; and, for the period during which a Certificate of Sponsorship is valid, up-to-date contact details for the relevant employee. In addition, many changes in an employee's circumstances, for example, where he/she changes address or role, must be reported to the Home Office within specific time frames.
2. Monitoring Duties
Properly monitor the immigration status of workers to confirm that they are legally entitled to work in the UK and that their right to work in the UK has not expired. Also, the sponsor shall keep a record of the attendance of sponsored migrants and know that they comply with their visa conditions.
3. Compliance Visits
The Home Office actively underwrites this through compliance visits to ensure that sponsors operate in line with the various obligations imposed upon them. These may be announced or unannounced, including employment record checks, HR process checks, and staff interviews. Your organisation should always be ready for a compliance visit. This means keeping your records organised and being prepared at any time to demonstrate compliance.
4. Certificate of Sponsorship (CoS) Management
Hence, the effective management of Certificate of Sponsorship within the UK is vital. The sponsors must ensure that each CoS they allocate is genuine and entitled to the required conditions for a particular visa category. The incorrect allocation of CoS or individuals not genuinely employed may attract substantial penalties. Furthermore, it is the responsibility of the sponsors to review CoS usage regularly and be primarily assured about over or under-utilisation.
Compliance Effectiveness Techniques
1. Effective HR systems:
Robust HR system: A company needs to have a robust HR system in place for compliance enforcement. It should be adopted with an automated reminder of the date of expiry of visas, detailed processes for following up on employee attendance, and thorough documentation procedures. Regular auditing of the HR process will go a long way in bringing to light any non-compliance and rectifying it.
2. Periodic Training
HR staff and managers must be trained on sponsor licence responsibilities and immigration rules. The reason for keeping employees informed about their duties is that it enables the organisation, at all levels, to handle matters of compliance effectively. Part of the training should highlight the requirements for appropriate and updated record-keeping, undesirable visa conditions, how changes have to be reported to the Home Office, and other relevant requirements.
3. Legal Consultation
Given the intricacies that a sponsor licence brings, it can be essential to have legal advice. Legal experts can provide advice relating to compliance, prepare for an event or a Home Office visit and manage any issues that may arise. For example, A Y & J Solicitors specialises in UK sponsor licence matters and can offer tailored advice to ensure your organisation remains compliant.
Conclusion
Maintaining compliance with your UK sponsor licence is not primarily a bureaucratic burden but part and parcel of running a business that employs international talent. Requirements range from meticulous record-keeping to careful monitoring and preparation for compliance visits. Working through these issues will often properly require legal advice. A Y & J Solicitors can provide expert guidance to ensure your organisation meets its obligations. This will ensure that the disturbance of issuing CoS in the UK is avoided and your ability to do the same is uninterrupted. Such proactive compliance protects your business and eases the integration of your overseas workers.