In order to make sure that the business is complying with the regulations governing sponsorship, the Home Office sometimes visits companies either before or after making a decision on their sponsor licence application, or if the circumstances have changed.
The Home Office may decide to audit your business before granting you a sponsor license. If it does, then, among other things, it will want to check whether your business needs a sponsor license, whether your current employees have valid right-to-work documents, whether your business has enough resources to monitor workers and whether you can offer employment that meets the necessary salary and skill requirements. Officers may also ask other questions or look into other aspects of the business which they feel must be investigated.
If they audit your business after your licence is granted, they will want to check that you have been complying with your sponsor duties and the immigration requirements. They will audit your business’s record-keeping, reporting and monitoring processes in place to ensure that you are complying with your duties and the immigration rules. They may also check your genuine vacancies to ensure that you are not requesting an unrealistic number of certificates for sponsorship, and if all the information that is recorded on your sponsor licence is accurate and up-to-date.
During these visits, the Home Office is likely to conduct interviews with the relevant authorising officer of your business or your migrant workers. After the visit, the compliance officer will write a report to give to the case working team, who will then determine whether your business should be given an A rating. The audit visits from the Home office can be daunting. We have, therefore, provided three top tips for you before embarking on your sponsor licence journey.
- Thoroughly understand the requirements: create a checklist based on the official guidance provided by the Home Office to ensure that you are ready for a compliance visit. Tick off each requirement as you gather the necessary documentation, demonstrating your commitment to compliance.
- Implement robust HR Systems and processes: consider investing in HR software that not only aids in compliance, but also offers features such as document management, reporting and compliance alerts. This not only facilitates the application process, but sets a solid foundation for ongoing compliance.
- Engage in Proactive Communication within relevant deadlines: it is likely that the Home Office will give you a specific deadline within which you should provide supporting documents should it seek further information from you. Designate a point of contact within your organisation to handle communication with the Home Office. This person should be well-versed in the details of your application and be responsive to any requests or inquiries.
How Gherson can assist
Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, Instagram, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.