What does the Home Office assess during sponsor compliance checks?

27 Nov 2023, 37 mins ago

Immigration compliance is crucial for businesses in the UK that sponsor workers. In this regard, the Home Office regularly conduct compliance checks to ensure that sponsors are adhering to their obligations. In this blog, we will explore the key areas that the Home Office focus on during such checks.

Right to Work Checks:

The prevention of illegal working is a primary concern for the Home Office. Employers are, therefore, under a legal duty to conduct right to work checks before hiring anyone in the UK to ensure that the new employee has the appropriate visa and/or permission to work.

During a compliance check, the Home Office are highly likely to request evidence of all such checks to assess if they were carried out at the correct time and in the prescribed format.

Record-keeping:

The Home Office expects businesses to maintain detailed records of their sponsored workers’ activities in the UK and will similarly request to see such records during a check.

It is crucial to maintain records of contemporary and historic contact details, dates of annual and other leave and details of employees’ salary packages, among other things.

Reporting:

Lastly, the Home Office will assess if a sponsor has been promptly complying with its reporting obligations.

Various changes, relating to both the business and any sponsored workers, must be diligently reported via the sponsor management system. Such changes include a change in organisation size or ceasing to sponsor a worker. It is crucial to keep a paper trail of all relevant changes that have been reported. 

With the Home Office constantly evolving its immigration policies, staying on top of compliance is essential for UK businesses.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising businesses on UK sponsor compliance issues. 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 TwitterFacebookInstagram, 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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