A sponsor is responsible for fulfilling certain duties from the day their licence is granted until:
- they surrender their licence
- they let their licence lapse
- the Home Office revokes their licence
The Home Office primarily assess
- that a licensed sponsor is meeting their sponsorship obligations
- that a prospective sponsor has the necessary systems and procedures in place to meet their sponsorship obligations.
- the accuracy of information given on the sponsor licence application
- whether the sponsor is complying with their obligations to prevent illegal working
Compliance checks may be taken on the basis of a reasonable suspicion that you have breached your sponsor duties. This may be based on a poor previous record of compliance with the Home Office or other government departments. They can also make regular checks with HMRC to ensure you are paying your workers appropriately and in line with the Immigration Rules and sponsor guidance.
The purpose of these checks is to make sure:
- the information you have given is accurate and complete
- you can offer genuine employment
- you are genuine and trading or operating lawfully in the UK
- there are no reasons to believe you represent a threat to immigration control or that you are engaging or have engaged in behaviour or actions that are not conducive to the public good
- you are committed to, and actually are, complying with all the duties of Sponsorship.
What happens during a compliance check
The compliance officers will carry out relevant checks and may interview you and any of your sponsored workers. This could be either via an onsite compliance visit to any physical addresses where your sponsored workers carry out their work or a digital compliance inspection.
During an audit the compliance officer may want to:
- verify any information you gave in your sponsor licence application – this may include taking photographs of the location and the premises from which you are operating your business
- verify any information you gave in support of any worker’s application for entry clearance or permission
- check you are complying with all of your sponsor duties, or will be able to comply if they interview you before your licence application has been decided
- speak to any sponsored workers, including any workers you may have previously sponsored
- speak to any of your employees or colleagues involved in the recruitment of sponsored workers
- inspect records and/or systems to ensure you are following your sponsor obligations and adherence to rules, such as those on record keeping set out in Appendix D of the sponsor guidance
- conduct checks on other workers to ensure you are complying with your obligation to prevent illegal working
- conduct checks (including criminal record and civil penalty checks) on anyone falling under the general definition of ‘you’ or anyone else associated with you, such as employees in positions of responsibility who are not directors or Key Personnel, and financiers involved in the running of your institution.
Outcome of compliance checks
After an audit, the Home Office will consider what, if any, action to take against you. They will notify you of their decision in writing.
Where there has been a breach, or suspected breach, of your sponsorship duties, or if they consider that you pose a threat to immigration control or are not conducive to the public good, they will assess the issue and decide on the most appropriate course of action to take.
Where the breach is a relatively minor issue and you are willing and able to correct it, they will, in most cases, support you in making the relevant improvements by downgrading your licence to a B-rating and issuing a time- limited action plan which sets out the steps you must take in order to retain your licence.
Where there is a more serious breach indicating:
- a significant or systematic failing
- you no longer meet the eligibility or suitability requirements for holding a licence
- you pose a serious threat to immigration control
- you are engaging, or have engaged, in behaviour or actions that are not conducive to the public good
They may decide either to:
- suspend your licence, with a view to revocation, while they investigate further, or
• revoke your licence without prior suspension
