As a UK Sponsor Licence holder and employer of foreign nationals, you have additional responsibilities, for example. Not only are you required to ensure that all your employees have the legal right to work in the UK, but you are also required to update the Home Office on any change to your business or the employee’s contract and must report any breaches. An employer who consistently breaches these responsibilities is in danger of having its licence withdrawn.
The Immigration Act 1996 makes it a criminal offence to have in employment someone who has no right to work in the UK. The Nathanson Partnership specialise in Immigration compliance and audit service.
Different visas will have different work restrictions. As the sponsor, you must understand these restrictions and act in compliance with those rules. Adequate HR systems must be in place to check that workers who have limited time to work do not work exceed their working hour restrictions.
Home Office Audit check
The Home Office has the power to conduct on-site inspections – announced or unannounced – and investigate employers’ immigration compliance systems, processes, personnel records and to interview your migrant workers.
The Home Office is not required to give you advanced notice of the visit. Historically, if you are submitting a sponsor licence renewal, it is likely you will receive a visit by the Home Office to confirm you comply with your licence duties. It is important that you understand the immigration rules and your your duties as a sponsor.
Breach of these rules or your duties as a sponsor could lead to your sponsor licence application being refused, suspension or revocation of your sponsor license or a downgrade. All of this will not only affect your sponsored employees’ visa, but it will also result in fines of up to £20,000 per worker, civil penalties or criminal punishments, disruption to your business and the potential loss of valuable contracts. More importantly is the significant reputational damage to your business and clients.
Our Compliance Audit Service
Our Compliance Audit Service is created to ensure that you remain compliant with your requirements as a sponsor licence holder and that you are maintaining all the records in accordance with the rules.
First, we will provide a free initial telephone consultation and assessment. Following this, you may want us to conduct a Mock Audit or a full review of your HR system. A full review will include:
- Right to Work checking systems and processes
- Compliance with regard to Prevention of Illegal Working and Working Hours
- Your sponsorship requirements such as minimum skill levels, minimum salary levels, etc.
- An Audit Report which will include guidance on compliance and your due diligence, as well as remedies for any potential breach.
The Nathanson Partnership can also provide bespoke training session to your stakeholders to ensure that your business remains compliant, their duties and obligations as well as preventive measures that need to be taken.
Please contact us for a free initial assessment with our qualified and experienced team.