Sponsorship Licence Management and Compliance
Sponsoring employees from outside of the UK brings with it strict management and reporting duties in order to maintain regulatory compliance. This can place a real strain on an organisation, especially with UK immigration rules regularly changing, making it hard for employers to stay on top of the latest requirements.
IBB Law can provide comprehensive assistance with sponsor licence management, reporting and compliance.
Our business immigration experts can advise you on the latest requirements, help you to get the right processes in place to ensure compliance and even act as level 1 users for your organisation, taking many of the day-to-day duties involved in sponsor licence management off your hands.
Whether you are new to dealing with UK visa sponsorship, need some support to improve your processes or wish to hand off this key responsibility to experienced experts, our team will be happy to help.
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Complete support for sponsorship management and compliance
We assist employers across a wide range of industries with all aspects of sponsor licences management and compliance, including:
- Auditing your HR policies and procedures
- Clear advice on resolving any potential issues
- Acting as level 1 users for your organisation, taking the strain of day-to-day sponsorship management and compliance off your hands
- Support for using the UK Sponsorship Management System (SMS)
- Issuing certificates of sponsorship (CoS) for new employees
- Providing advice for prospective overseas employees
Why choose IBB Law for sponsorship management and compliance support?
IBB Law offers a number of advantages to employers looking for help with sponsor licence management and compliance, including:
- Our team can act as level 1 users handling much of the day-to-day responsibilities which come with holding a sponsor licence
- We have in-depth knowledge of the UK Immigration laws, policies and procedures.
- Our experts keep up-to-date with developments in the law so that you always receive practical and accurate advice.
- We are a full-service law firm. We are able to provide clients with a uniquely broad spectrum of services and offer tailor-made legal solutions to best suit your business requirements.
- We deliver our service in a cost-effective and timely manner with great attention to detail.
- Our immigration expertise is independently accredited, with our team being ranked by leading client guide, the Legal 500, for Immigration Law.
Our clients also benefit from IBB’s multi-service approach. Our legal expertise extends to a variety of areas that are critical to business success. Working alongside experts in employment law, corporate & commercial law, franchising, intellectual property, real estate, private client, our lawyers will advise you on immigration matters and beyond.
Looking for immediate help with sponsorship licence management and compliance?
If you need expert advice and support with sponsor licence management and compliance, our highly experienced business immigration team will be happy to assist.
To discuss your situation with our industry-leading business immigration solicitors, you can call us on 03456 381381 or email immigrationteam@ibblaw.co.uk.
Sponsor licence management and compliance explained
In this guide, you can find more information on the following key areas:
- Sponsor licence management responsibilities>
- HR requirements for sponsor licence management>
- Key personnel roles
- Issuing certificates of sponsorship to migrant workers
- Penalties for breach of sponsor licence rules
Sponsor licence management responsibilities
An organisation that holds a sponsor licence has a number of key responsibilities in order to maintain compliance with UK immigration rules. These include:
- Checking migrant workers have the required skills, qualifications and professional accreditations to carry out the role they are being hired for
- Keeping copies of all relevant documents to evidence the above checks
- Only assigning certificates of sponsorship for roles that meet appropriate criteria, e.g. a suitable rate of pay and skill level
- Promptly notifying UK Visas and Immigration (UKVI) if a sponsored worker fails to comply with the conditions of their visa
HR requirements for sponsor licence management
Maintaining compliance with sponsorship rules requires your organisation to have appropriate HR systems in place that allow you to:
- Monitor the immigration status of your employees
- Keep copies of required documents for each of your employees (including their passport and right to work information)
- Maintain up-to-date records of employees’ contact details
- Monitor and document each employee’s attendance record
- Report any issues with a migrant worker to UKVI promptly (e.g. unexplained absences)
Key personnel roles
As part of managing your sponsor licence, there are three roles that must be filled by a director or employee of the business (or an appropriate representative).
Authorising officer
The authorising officer will have ultimate responsibility for the actions of any staff and representatives who use the Sponsorship Management System (SMS). They should be a senior, competent person who is a director or employee of the business.
Responsibilities of the authorising officer include deciding which staff have access to the SMS and what level of permission they have for the system. You must have an authorising officer in place at all times who meets the requirements set by UK Visas and Immigration (UKVI).
Key contact
The key contact will be your organisation’s main point of contact with UK Visas and Immigration (UKVI) and will not be given automatic access to the SMS, access can be granted.
Level 1 users
Level 1 users will handle the day-to-day management of your sponsorship licence using the SMS. They can be employees of your organisation or third parties who provide you with HR services (such as our own immigration lawyers).
Their responsibilities will typically include:
- Accessing the SMS for updates
- Checking information about your licence.
- Assigning Certificates of Sponsorship to migrant workers.
- Applying to renew your sponsorship licence
- Updating the SMS with details of any changes
Level 2 Users
Level 2 users are not always needed but can be appointed to perform some day-to-day SMS actions with a lower level of access than level 1 users.
Issuing certificates of sponsorship to migrant workers
An organisation with a sponsor licence must issue a certificate of sponsorship to each migrant worker. These certificates are digital rather than paper documents, and each has its own unique number that a sponsored worker will need to use when applying for their visa.
Certificates of sponsorship can be applied for using the Sponsorship Management System with a fee payable for each certificate.
There are two types of certificates of sponsorship:
Defined certificates
For people applying on a skilled worker visa from outside of the UK.
Undefined certificates
For people applying on a skilled worker visa from inside the UK, this includes where they are switching to sponsored category.
Penalties for failure by a sponsor to comply with its duties
If an organisation fails to comply with its duties of sponsorship, penalties can be issued either by UK Visas and Immigration or the Home Office.
Standard penalties can include having your licence downgraded, suspended, or revoked. However, in the case of the most serious breaches, such as employing an illegal worker, there is the potential for an unlimited fine and the possibility of a prison sentence for the person or people within your organisation found to be responsible. In addition the reputation damage to your business can have severe consequences.
Get immediate expert advice on UK sponsorship management and compliance
If you need expert advice and support with sponsor licence management and compliance, our highly experienced business immigration team will be happy to assist.
To discuss your situation with our industry-leading business immigration solicitors, you can call us on 03456 381381 or email immigrationteam@ibblaw.co.uk.
