A sponsor license is issued by the Home Office that grants permission to an organisation to recruit & sponsor non-resident employees. The application process for sponsor license and sponsor license renewal can seem to be complex for any organization that is new to the sponsorship business. Though, all sponsors are bound to comply with immigration requirements regulated by the Home Office. In case an organization fails to do the same can cause a down gradation or cancellation of sponsor license.
The Home Office may visit an organisation’s office or place of business to check whether it is capable of maintaining its sponsor duties as a part of the sponsor license application process. The Home Office can visit the premises later again at any point during the four-year span of the sponsor license as per their wish. So, it is essential to be prepared for these sponsor license compliance visits and that calls for expert support from the best immigration solicitors.
What to expect from the pre-sponsor license compliance visit?
After an organisation has applied for its sponsor license, the Home Office visits its registered workspace for the following assessments,
- The organisation genuinely needs the sponsor license.
- The organisation has valid documents for Right to Work.
- The company is capable of maintaining Tier-2 employment by offering the right pay scale to skilled non-resident workers.
- The total number of sponsored migrants is proportionate to the nature and size of the organisation.
- The organisation satisfies adequate system requirements to perform sponsorship duties.
- In addition, the visiting officer from the Home Office may ask for any additional documents to satisfy his/her investigation.
What to expect from the sponsor license compliance visit?
Once a sponsor license is granted for an organisation, the Home Office visits its place of business to check whether the employer is fulfilling his responsibilities and duties as a sponsor. Followings are the main assessing aspects during a sponsor license compliance or, immigration audit.
- The organisation has job vacancies at the graduate level and those vacancies are filled by the sponsored migrants unless there is an exemption in skill level.
- The organisation is maintaining all the records required to fulfil its sponsorship duties.
- The sponsored migrants are getting the minimum appropriate salary from the organisation.
- The number of CoS (Certificate of Sponsorship) applied by the organisation is justified and appropriate types of CoS have been granted by the Home Office.
- The information provided by the organisation during the sponsor license application process is accurate.
- The non-resident workers are fulfilling the restrictions of their LR (leave to remain) in the UK.
- The organisation possesses no threat or a risk to immigration control.
Does the Home Office announce their sponsor compliance visits?
The Home Office may, or, may not announce their compliance visit and it solely depends on their wish and plan. However, the organisation must allow the visiting officers to enter and access any of its office premises, place of business or site as demanded by the Home Office. If the organisation refuses to allow access then it may cause sponsor license cancellation.
In general, any of the following changes in circumstances may call for a visit by the Home Office,
- The organisation has changed its address.
- The organisation operates any takeover, TUPE transfers, or mergers.
- The organisation opens a new branch in the UK or an overseas branch.
Result of sponsor license compliance visit
After the Home Office completes their visit, they prepare a visit report and a recommendation is made by the officer based on that visit report. The Home Office provides a rating of either A or B to the organisation based on their visit report.
In case the organisation receives a B rating, it may either follow an action plan as advised by the Home Office and pay the accompanying fee to upgrade its rating to A or, it may also refuse to pay the fee and stick to the B rating.
Hope the article helps you to be prepared for your next sponsorship compliance visit.