When compliance is managed properly, the sponsor licence continues to operate without disruption. Poor compliance, however, can put the licence and the immigration status of sponsored workers at risk.
Corporate Immigration
Ongoing support to protect your sponsor licence and manage your compliance duties.
Overview
Organisations who hold a sponsor licence, must comply with all licence requirements on an ongoing basis. The duties continue for as long as the business holds the licence, even during periods when it is not sponsoring any workers.
Most compliance problems do not arise because an employer deliberately ignores the rules. They arise because a salary changes, a worker moves location, a member of the HR team leaves or a reportable event is missed.
Good compliance should fit into the way the business already operates and our role is to make the requirements practical, proportionate and manageable to your business.
Why Compliance Matters
Poor compliance, however, can put the licence and the immigration status of sponsored workers at risk. Getting it right means:
Access talent
Continued access to international talent without disruption to current or future hires
Protect the business
Protecting the sponsor licence and the immigration status of sponsored workers
Get audit ready
Confidence that HR systems and payroll processes will stand up to Home Office visits
Eliminate risks
Reducing the risk of civil penalties, enforcement action and reputational damage
The four main sponsor duties
Licensed sponsors have four core duties: record-keeping, monitoring, reporting and compliance with the law. These duties apply throughout the life of the licence.
-
Keep the required documents for each sponsored worker, including right-to-work evidence, contact details, salary information and evidence relating to the sponsored role. Records must be current and easy to retrieve.
-
Track attendance, absences, immigration status and changes to the worker’s role, salary, working hours or work location. The employer must be able to identify when a worker stops attending or no longer appears to be carrying out the sponsored role.
-
Report specified worker changes through the SMS, usually within 10 working days. Significant organisational changes are generally reportable within 20 working days.
-
Complying with UK law generally and cooperating with the Home Office, including giving access during audits. This applies to the business as a whole, not only its sponsored staff
Managing the licence and avoiding compliance risks
A sponsor licence must be kept up to date and supported by systems that work in practice. This includes managing the SMS, reporting changes on time and being ready for a Home Office compliance visit.
-
Key personnel and the SMS
The Authorising Officer has overall responsibility for the licence, while the Key Contact and Level 1 and Level 2 Users manage communication and day-to-day functions through the SMS. These roles and access details must be updated when personnel change. We can support the business as an additional Level 1 User or Key Contact where permitted.
-
Changes that need attention
Changes to a worker’s role, salary, hours, occupation code or work location may need to be reported. The same applies if a worker fails to start, takes an extended absence or leaves employment. Changes to the business itself, including its address, trading name, structure, ownership or key personnel, must also be reviewed. Worker changes are generally reportable within 10 working days, while organisational changes are usually reportable within 20 working days.
-
Home Office checks and consequences
The Home Office may carry out announced or unannounced checks before or after granting the licence, either in person or remotely. Where compliance duties are not met, the licence may be downgraded, suspended or revoked, which can also affect sponsored workers. Failures relating to right-to-work checks may result in civil penalties or criminal action.
Where compliance falls short
In our experience, most sponsor compliance problems arise from a small number of recurring issues:
-
Checks must be carried out correctly before employment begins. Missing a step or completing the check late may leave the business without protection from a civil penalty if the individual is later found to be working illegally.
-
Certain changes to a worker’s role, salary or employment must be reported within strict deadlines. This can also include a worker failing to start, leaving early or being absent without permission for more than 10 consecutive working days.
-
Duties, occupation codes and salaries can change over time. Some changes only need to be reported, while others may require a new Certificate of Sponsorship and visa application.
-
Required documents must be accurate, up to date and easy to retrieve during a Home Office compliance check.
-
If an Authorising Officer or Level 1 User leaves, the business must update the licence and arrange a suitable replacement. Losing access to the SMS can make it difficult to meet reporting deadlines.
Is ongoing compliance support right for your business?
Ongoing support may be particularly valuable where:
-
You are new to sponsorship and want to put the right processes in place from the outset
-
You do not have a dedicated HR or immigration-compliance team
-
You sponsor several workers across different roles
-
Your business has grown faster than its compliance systems
-
You are preparing for a Home Office compliance visit or responding to one already underway
A business with experienced HR support and only a small number of sponsored workers may need periodic reviews rather than ongoing assistance. We advise on the level of support required.
How we approach compliance
Compliance review
We review your existing systems against your sponsor duties, identify any gaps and explain what should be addressed first.
Systems and processes
Where improvements are needed, we help put practical processes in place that work with the way your business operates.
SMS support
We assist with using the Sponsorship Management System and reporting changes. Once the licence has been granted, we may also act as an additional Level 1 User and provide ongoing support to the business.
Compliance visit preparation
We prepare the business for an announced or unannounced Home Office check, including mock interviews, document reviews and practical walkthroughs. Home Office checks may take place before or after a licence is granted and may be conducted on-site or remotely.
Ongoing support
We remain available as a regular point of contact and adjust our involvement as the business and its sponsorship needs change.
Highly Rated By Our Clients
-
-
-
5-Star
Client-rated
-
22+
Years’ experience
Frequently Asked Questions
-
Yes. The organisation must continue to maintain suitable key personnel, keep its licence details up to date and remain comply with sponsor duties and responsibilities.Â
-
Reportable events can include a worker failing to start, leaving early, being absent without permission or changing role, salary, hours or work location. Certain organisational and key-personnel changes must also be reported.
-
The Home Office may inspect records and systems and interview key personnel and sponsored workers. It will test whether the organisation understands and follows its duties in practice.
-
Where the sponsor guidance permits, we can act as an additional Level 1 User or work alongside the organisation’s internal user to manage reporting and sponsorship activity.
-
Compliance should be monitored continuously and reviewed whenever there is a material change. A structured annual review is also sensible, particularly where the business sponsors several workers.
-
The position should be reviewed promptly. It may still be appropriate to submit the report with a clear explanation and to correct the underlying process. Delaying further usually increases the risk.
Speak To Us
Need help managing an existing sponsor licence? We support businesses with SMS reporting, compliance reviews, right-to-work processes, mock audits and ongoing sponsor management.
What Our Clients Say
Clear, calm advice at the point we needed it most — and there wasn’t a word of jargon in any of it.
Private client
Spouse visa
We were kept informed at every stage and never once had to chase an update. Knowing exactly where the application stood made a difficult year considerably easier to carry.
Private client
Skilled Worker visa
Moving part of our senior team to London looked impossible on the timescale we’d been given. The route was mapped out at the first meeting, the Home Office correspondence was handled end to end, and every application came back granted.
HR Director
Corporate client
Contact Us
For advice on moving to, working in or settling in the UK, our immigration lawyers are here to guide you through every stage of the process.