Sponsoring Migrant Workers: HR Systems

Five individual areas of the Company’s HR system will be assessed.

Area 1: Monitoring immigration status and preventing illegal employment

The Company must:

  • keep – and make available to the Home Office, if they ask, – a photocopy or electronic copy of each migrant’s passport or UK immigration status document (and in time, their ID card), showing that they are allowed to work; and
  • not employ a migrant if the conditions on their permission to stay (or lack of permission to stay) mean that they are not allowed to do the job, and stop employing any migrant who stops being allowed to do the job for any reason.

The Company should therefore ensure it has a good record-keeping system for migrant’s documents and have procedures in place so that it does not mistakenly employ or continue to employ any migrant if the conditions on their permission to stay (or lack of) means that they are not allowed to work for the company.

Area 2: Maintaining migrant contact details

The Company must keep each sponsored migrant’s contact details (United Kingdom residential address, telephone number, and mobile telephone number) and make them available to the Home Office if they ask. These details must be updated as necessary; the Company should have a procedure in place to ensure these are updated, such as:

  • an electronic self-service system; or
  • conduct a regular audit; or
  • issue clear instructions to ensure its sponsored migrants are aware that they should notify the Company of any changes and how they should do this.

Area 3: Record-keeping

The Company must be ready to provide any documents for migrants that the Home Office thinks are relevant. To comply with its sponsorship duties, the Company should maintain effective record keeping.

Area 4: Migrant tracking and monitoring

The Company must report the following information or events to the Home Office, within any time limit specified:

  • if a sponsored migrant does not turn up for their first day of work. The report must be provided within 10 working days and must include any reason given by the migrant for their non-attendance or non-enrolment;
  • if a migrant is absent from work for more than 10 working days without the Company’s reasonably granted permission. The report must be provided within 10 working days of the 10th day of absence;
  • if the migrant’s contract of employment or registration is terminated (including where the migrant resigns or is dismissed). This report must be provided within 10 working days of the event in question, and should include the name and address of any new employer or institution that the migrant has joined, if the Company knows it;
  • if the Company stops sponsoring the migrant for any other reason (for example if the migrant moves into an immigration category that does not need a sponsor), the report must be provided within 10 working days;
  • if there are any significant changes in the migrant’s circumstances, for example a change of job or salary (but not job title or annual pay rise);
  • any suspicions the Company may have that a migrant is breaching the conditions of their permission to be in the United Kingdom. The report must be provided within 10 working days;
  • if there are any significant changes in the Company’s circumstances, for example if it stops trading or become insolvent, substantially changes the nature of its business, merges with another company, or is taken over. The report must be provided within 28 working days; and
  • details of any third party or intermediary, whether in the United Kingdom or abroad, that has assisted the Company in the recruitment of migrant employees.To comply with its sponsorship duties, the Company should:
  • make sure that migrants are monitored sufficiently, for example with regular contact if the migrant works at client sites or from home; and
  • establish a suitable procedure to make sure that a designated person(s) is informed of any circumstances which should be reported to the Home Office, and then does so.

Area 5: Professional registrations and accreditations

The Company must make sure that a sponsored migrant who is coming to work for the Company is legally entitled to do the job in question and has the appropriate registration or professional accreditation where this is legally needed.

To comply with its sponsorship duties, the Company should:

  • make sure any professional accreditations are checked before the sponsored migrant starts work;
  • keep copies of professional accreditations;
  • monitor any expiry dates and complete subsequent checks to ensure that any accreditations have been renewed as appropriate; and
  • make sure that copies of these documents are readily available to the Home Office.

The Company must mostly achieve a rating of 1 (see below) in each of the five areas set out above in order to get the top rating for its HR systems overall.

Contact our UK immigration law experts today

Contact our immigration solicitors today on immigrationteam@ibblaw.co.uk or 03456 381381 to see how we can help you with your immigration matter.

CONTACT OUR IMMIGRATION LAW EXPERTS TODAY


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