At Fairhill Solicitors
we can manage your Sponsor Licence duties and responsibilities so you can focus on your business. From managing the Sponsor Management System (SMS) to undertaking bi-annual mock audits, our team will ensure you avoid disruptive Home Office investigations and the possible suspension or revocation of your Sponsor Licence.
We have an in-depth understanding of what a business needs to do to achieve full compliance under the Sponsor Licence scheme.
We can offer a retainer-based package that allows you to choose how many hours per month you want us to spend managing your compliance.
Our team can take care of the following:
- Updating your SMS.
- Completing any reporting and record keeping requirements.
- Undertaking Right to Work checks.
- Ensuring you comply with UK employment laws.
- Undertaking mock audits
Let us take away the worry and stress of complying with your Sponsor Licence duties and responsibilities.
Our team is business savvy, friendly, and can provide a cost-free initial assessment of your case without any obligation. To speak with one of our lawyers, please call
Why Choose Us?
- Unrivalled knowledge in immigration law – we have a deep understanding of business immigration law and UK Visa and Immigration (UKVI) policies and procedures.
- Personal attention – a senior caseworker will work with you at every stage of your business immigration matter. They will take the time to understand your business and find solutions to any challenges you face concerning recruiting foreign talent.
- Practical, up-to-date advice – immigration law is often complex and in a constant state of change. You can rely on us to advise you in plain English and help you meet your compliance obligations.
- Swift results – we understand that your business needs solutions to immigration law matters quickly. As a small team, we are extremely agile and able to work quickly and creatively to get the outcome you want.
- Friendliness and availability – we work with businesses and skilled workers long-term and pride ourselves on being approachable, personable, and caring. We are committed to helping our clients succeed and will do what is required to move things forward. Our team value clients’ time: you can trust that your phone calls and emails will be promptly returned.
FAQ
It is important to note that obtaining a Sponsor Licence is not the end of an organisation’s dealings with the Home Office. In exchange for being able to hire people from abroad who possess the skills you need, you are expected to play a part in preventing illegal immigration. Therefore, the Home Office requires all Sponsor Licence holders to comply with record keeping and reporting duties.
Sponsor Licence holders use the SMS to keep track of their migrant employees. Maintaining the SMS is one of the key duties of the Sponsor Licence. The Authorising Officer and Level 1 User are responsible for ensuring all migrant worker details are kept up to date, and any absences are recorded. Applications for Certificates of Sponsorship are also made through the SMS, as is the renewal of your licence.
Sponsor Licence holders must make available certain information should the Home Office request it. This includes (but is not limited to) the migrant’s:
- passport, specifically the migrant’s personal identity details and any relevant entry clearances (visas) or leave to enter stamps showing that the migrant has permission to work for you as a licensed sponsor
- biometric residence permit
- National Insurance number
- address
- any absences from work
- details of the Resident Labour Market Test
- qualifications and work experience details to prove they have the necessary education and skills for the job
Sponsors can keep documents in physical or electronic format, and documents must be kept for a shorter period of either:
- one year from the date the sponsorship ended
- the date when a compliance officer examined and approved the documentation if this is less than one year after the migrant’s sponsorship ended
If any of the below occur, the matter must be reported to the Home Office within 20 working days:
- any major changes to your business, for example, you move locations or merge with another company
- your migrant worker does not come to work for 10 days, and you have not approved the time off
The following must be reported within 10 working days:
- the migrant does not appear on their first working day
- you dismiss the migrant before the end of their employment, as dated on their Certificate of Sponsorship
- the migrant worker is off work for more than four weeks
- a significant characteristic of the migrant worker’s employment position changes
- the business is transferred, and TUPE provisions are triggered
- you stop sponsoring the migrant for some reason; for example, they switch to another visa
Any suspicious acts that may be linked to criminal activity or terrorism must also be reported to the Home Office and law enforcement officials.
The Home Office may make unannounced visits to your premises to check that you are complying with reporting and record-keeping duties. Therefore, it is imperative to ensure the SMS is kept up to date and that you have the right HR systems in place to meet your compliance obligations.
The best way to ensure that you pass any Home Office compliance visit is to instruct an experienced immigration Solicitor to conduct a mock audit every six months. They will quickly identify any weaknesses in your HR systems and provide advice on how these can be rectified.
An immigration lawyer can also operate your SMS, ensuring it is always up to date.