My Business Is Sponsoring Several Migrants, Do I Have To Inform The Home Office Of Changes In Their Circumstances?

Any company that holds a sponsor licence is required to notify the Home Office of any changes to the circumstances of a sponsored worker.

A sponsored worker must notify the Home Office of any significant changes to their employment or circumstances within a set amount of time. Usually, these notifications must be made within 10 working days.

Examples of notifications which must be undertaken by the employer include:

• If a sponsored employee receives a promotion, a significant pay increase (other than annual pay increases), a change of location occurs, a change in their primary duties or job title (the employer should always check that this change does not necessitate a new visa application);
• If there is a reduction in pay of a sponsored migrant (the employer should always check that this change does not mean they can no longer sponsor the migrant);
• If a sponsored worker ceases working for you earlier than the date shown on their COS;
• If a sponsored employee misses their first day of work;
• If a sponsored employee quits their job, or is no longer sponsored, for example, because they have been granted Indefinite Leave to Remain;
• If a sponsored employee misses more than 10 consecutive days of work without authorisation from their employer;
• If a sponsored worker is absent from work for more than 4 weeks without a reason the UK authorities deem acceptable.

There are also a number of changes that must be reported to the Home Office within 20 working days, which mainly concern changes in a sponsor licence holding entity, such as mergers, acquisitions, divestments, hive offs, insolvency, change in the nature of the business or criminal convictions of certain personnel involved in the administration of the sponsor licence.

There are also changes in circumstances the sponsored workers themselves need to report, such as, for example, changes in name, nationality, address, or criminal convictions.

All relevant personnel involved in sponsor compliance must ensure that they are aware of the responsibility to report and that they make all relevant notifications within the deadlines. Neglecting to do so can lead to Home Office sponsor compliance audits and may mean the sponsor licence will be downgraded or, in severe situations, revoked.

How can we help?

Our Corporate Immigration Team is able to provide advice and guidance in relation to a sponsor’s duties and can provide detailed advice regarding actions to be taken in relation to missed reports or changes to the organisation’s structure. If your organisation requires legal assistance to apply for a sponsor license or would like to discuss your individual circumstances with a member of our team, please do not hesitate to contact us, or, send us an e-mail. Alternatively, follow us on Twitter, Facebook, 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 don’t 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.

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