What do I have to monitor as a Skilled Worker sponsor?

Sponsorship licence holders are responsible for monitoring and reporting the conduct of their sponsored employees as well as overseeing and reporting changes to the business. They must also keep on file specific documents and information pertaining to each sponsored employee.

Employers are required to report employee change of circumstances via the online Sponsorship Management System (SMS). Most of the changes directly related to the sponsored employer should be reported by the employer within 10 working days. Failure to observe this timeframe can result in the Home Office reviewing a sponsor’s compliance, and if persistent non-compliance is revealed, the sponsor licence may be downgraded or even revoked. Therefore, it is very important for the sponsors to report all relevant changes within the required period.

These changes include reporting if the sponsored employee fails to start the employment, if the employee is absent from work for more than 10 consecutive days without permission, if the contract with the employee ends earlier than shown in the certificate of sponsorship, and if there are any significant changes in the employment of the sponsored worker, such as promotions, change of job title, change of core duties, reduction in salary, etc.

Reporting employer change of circumstances

The licence holding business is also obliged to report any changes in its organisational circumstances, many as soon as they occur (such as change of key personnel and changes in your organisational structure) and some within 20 working days of the change (such as stopping trading or becoming insolvent, substantially changing the nature of the business, mergers, or acquisitions).

Document keeping duties

As part of an employer’s sponsor duties the business also needs to keep on file specific documents for each sponsored employee. They include right to work checks, evidence of the employee’s date of entry to the UK, evidence of recruitment activities, payslips showing salary and any allowances, job description, qualifications and address history.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on all UK work 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, 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.

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