UK Government is always vigilant to ensure that sponsor licence vholders are doing everything possible to stay in compliance with the UK Immigration Rules, and to prevent illegal working. According to the Home Office, maintaining the HR compliance for a sponsor licence is not a one-time activity to be completed at the first application stage, but rather something that an employer must continue to undertake for the duration of its sponsor licence. There are some serious consequences if sponsor doesn’t maintain the Compliance HR system.
- Legal Consequences-Failure to maintaining HR system can lead to Suspension and Revocation of sponsor licence.
- Financial penalties– The organization may incur substantial fines for employing unauthorized workers or failing to comply with sponsorship regulations.
- Increased Scrutiny and Audits: Non-compliance can lead to more frequent and intensive audits by the Home Office, increasing the administrative burden and diverting resources away from core business activities.
- Operational Disruption: Losing the ability to sponsor migrant workers can disrupt business operations, particularly if the organization depends on international talent for key positions.
- Impact on Sponsored Individuals:
- Sponsored employees or students may experience visa cancellations or difficulties in renewing their visas, leading to distress and the potential loss of valuable talent
- Reputational Damage: Non-compliance can lead to negative publicity and harm the organization’s reputation, making it less appealing to potential employees, students, and partners.
The monitoring of sponsored employees is one of the most crucial sponsorship management processes. When your organisation has the right HR systems in place, it will be in a good position to carry out such tasks as the following:
- Monitoring the immigration status of your employees
- Retaining copies of relevant documents for each sponsored worker, including passport and “right to work” information
- Tracking and recording the attendance of sponsored workers
- Keeping sponsored employees’ contact information up to date
- Informing UKVI in the event of a problem occurring, such as a given sponsored employee ceasing to turn up to work.
There is always a possibility of the Home Office’s immigration inspectors conducting an in-person visit to your premises. Indeed, this is particularly likely to happen if your firm is currently attempting to secure a sponsor licence for the first time, or if it is trying to renew an existing sponsor licence.
Instead of leaving such matters to chance, we would urge you to consider A2Z HR and Compliance service which will carry out a comprehensive review of your firm complying with its obligations in relation to UK immigration law and the Home Office’s requirements.
For more information about our HR compliance services, please contact us at [email protected] or call us on +44 7441398273
