On 20 January 2025, the Home Office published the first version of its Compliance Casework Guidance, providing a comprehensive roadmap for how UK Visas and Immigration (UKVI) handles compliance checks and enforces sponsor duties. This guidance is critical for businesses holding Sponsor Licences under the UK immigration system.
At Gherson LLP, we recognise the importance of staying ahead of regulatory changes. Below, we outline the key insights from this new guidance and what they mean for sponsors.
The role of compliance checks
Sponsorship is a privilege, not a right. Sponsors play a crucial role in upholding the integrity of the UK immigration system by adhering to compliance duties and ensuring that migrant workers are treated fairly and lawfully.
The Home Office conducts compliance checks to monitor adherence to these responsibilities through pre-licence visits, post-licence audits and other measures, including digital reviews and interdepartmental checks. These efforts are essential to prevent abuse of the system, safeguard migrant workers and ensure public trust in the immigration process.
What happens when a sponsor falls short?
The guidance outlines circumstances in which the Home Office may take action against sponsors, ranging from issuing action plans to immediate revocation of licences.
Common triggers for enforcement include:
- Providing false information or statements to the Home Office or failing to provide the required information when requested.
- Failing to meet Sponsor Management System (SMS) requirements.
- Breaching sponsorship duties or engaging in conduct contrary to the public good.
Where serious breaches occur, sponsors may face licence suspension or revocation, resulting in significant operational disruptions, including the curtailment of sponsored workers’ permission to be in the UK.
Stages of decision-making
Compliance decisions follow a structured two-stage process:
- First-stage decisions – These are typically made after reviewing a referral or visit report received from the sponsor. Possible outcomes include maintaining the organisation as an A-rated sponsor, downgrading it to a B-rating, suspensions or immediate revocation of the licence.
- Second-stage decisions – These are usually made after considering representations submitted by the sponsor or their legal representative in response to the initial decision. Outcomes at this stage may include reinstating an A-rating, continuation of the suspension or final revocation of the licence.
Action plans: a chance to rectify non-compliance
For less serious breaches, sponsors may be given an action plan detailing steps to restore compliance. This might involve improving record-keeping, staff training or implementing new oversight measures.
Action plans are a vital opportunity for sponsors to rectify issues without further penalties. However, failure to adhere to an action plan could lead to licence revocation.
Why this matters for sponsors
The publication of this guidance emphasises the Home Office’s strict stance on compliance. Sponsors must proactively manage their obligations to avoid enforcement action.
Key measures include:
- Conducting regular internal audits.
- Keeping the sponsorship management system up to date.
- Ensuring all staff involved in sponsorship are adequately trained, in particular, the key personnel (i.e. Authorising Officer, Key Contact, Level 1 User and Level 2 User) for the Sponsor Licence.
At Gherson LLP, our immigration team specialises in advising sponsors on compliance, mitigating risks and responding to Home Office action.
How we can help
If you’re concerned about your compliance status or have received correspondence from the Home Office regarding your licence, our team is here to assist. Whether you need help preparing for a compliance visit, challenging a decision or navigating an action plan, we can provide expert guidance tailored to your circumstances.
If you would like to ensure your business remains compliance and your operations uninterrupted, please contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.
Updated: 28 January 2025
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.
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