What happens during a Home Office compliance audit?

The Home Office regularly conducts compliance audits to ensure that employers who sponsor foreign workers comply with their obligations. Here is what to expect if you are faced with an inspection visit.

When to expect a compliance visit

As a sponsor licence holder, you can expect visits to occur at any time during the life of the sponsor licence. The Home Office may visit your organisation before granting the sponsor licence, during the four-year licence period, or before / after making a renewal application. Often these visits will be unannounced; occasionally, you will be given some notice before the Home Office representatives arrive at the premises registered on the sponsor licence.

What to expect during a compliance visit

The Home Office conducts site visits to check that the sponsor complies with their duties and that the sponsored workers meet their visa conditions. During the visit, the Home Office compliance officer will examine whether the information contained on your sponsorship management system (SMS) corresponds to your organisational and employee records, and that all required updates in relation to any changes in the business or sponsored migrants’ circumstances have been reported. To do this, they will want to look at your HR processes and review sponsored workers’ employment records. They may also ask to interview key personnel: first and foremost, the Authorising Officer named on the licence, who is responsible for the administration of the licence, but also Level 1 users, and HR personnel. The compliance officer may also want to speak to sponsored workers to ensure they are complying with their visa conditions.

How to prepare for a compliance audit

You should prepare for the visit by:

• Reviewing your SMS and ensuring all information is up to date;
• Checking that you have all the necessary records and documents for all sponsored workers;
• Making sure that you have carried out necessary right-to-work checks for all employees; and
• Ensuring that key personnel understands their responsibilities and can answer questions about how the business is complying with its sponsor duties.

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, 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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