Sponsor Duties And Compliance

When an employer or an organisation becomes a sponsor licence holder, it is required to comply with a number of sponsorship duties and responsibilities. UKVI will take enforcement actions against a sponsor who does not comply with these duties.

Sponsorship is a privilege, not a right. The sponsorship system reflects that those who benefit directly from sponsoring migrant workers should play their part in ensuring the immigration system is not abused.

If a sponsor fails to comply with the duties set out within the sponsor guidance, this can result in a downgrade in the licence rating, suspension, or revocation of the sponsor licence, putting the migrant worker's job and immigration status at risk. It is important to take a proactive approach to comply with sponsor duties and responsibilities.

When do my sponsor duties start and finish?

Your responsibilities as a sponsor start on the day UKVI grant a sponsor licence and will continue until you surrender it, it is made inactive, or it has been terminated.

Your responsibility to each sponsored worker starts on the day you assign a certificate of sponsorship (CoS) to them and it ends as soon as any of the following occurs, and you have reported to UKVI:

• they leave the UK, and their entry clearance or permission expires or lapses
• their application for entry clearance or permission is refused or cancelled, and any administrative review or appeal rights have been exhausted.
• they are granted entry clearance or permission to work for a different sponsor
• they are granted settlement, or permission to stay on an immigration route that does not require sponsorship
• you notify the Home Office that you no longer sponsoring the foreign worker

What are my sponsor duties as a licenced sponsor?

Your duties as a licensed sponsor include:

• Reporting duties
• Record-keeping duties
• Complying with Immigration laws
• Complying with wider UK law
• Not engaging in behaviour or actions that are not conducive to the public good

To benefit from accessing the global talent market and employing migrants from outside the UK, sponsors are required to comply with the following duties:  

Reporting duties

Sponsor licence holders are required to inform UKVI using the SMS portal of relevant changes to sponsored workers’ circumstances within 10 business days and relevant changes to the sponsor organisation within 20 business days.

Changes you must report within 10 working days

• if a sponsored worker does not start the role for which they are being sponsored
• if a sponsored worker is absent from work for more than 10 consecutive working days, without permission
• if a sponsored worker’s contract of employment ends earlier than shown on their CoS- for example, if the worker resigns or dismissed
• if you stop sponsoring a worker for any other reasons- for example, their application for entry clearance or permission is refused, they have moved to another immigration route, they are absent from work without pay for more than 4 weeks unless an exception applies
• if there are any significant changes in the sponsored worker’s employment – for example, a promotion or change in job title or core duties, a reduction in salary from the level stated on their CoS- you do not have to report an increase in salary, the location they are employed at changes
• if a sponsored worker’s employment is affected by TUPE
• if a worker’s sponsor changes but they will remain working for the same employer & in the same employment
• any changes to the size of the organisation

Changes you must report within 20 working days

• change your company’s name or the name of any of your branches
• sell all or part of your business
• involved in a merger or taken over
• stop trading or go into an insolvency procedure
• substantially change the nature of your business
• convicted of a relevant offence

Record-keeping

Sponsors are required to keep records of their sponsored workers’ contact details and documents. A copy of all documents submitted in support of the initial licence application must be kept for the duration of the licence. The employer must retain on file all of the relevant documents listed in Appendix D of the sponsorship policy guidance.

Documents can be retained as paper copies or in electronic form. Employers must be able to supply any documents relating to sponsored migrants or the running of the business which are relevant to assessing their sponsor compliance duties.

You should also maintain an up-to-date list of your sponsored workers’ contact details as well as details in relation to their payslips, bank transfers, contracts of employment and evidence of allowances to establish that the position and applicant are of the necessary skill level.

You must keep some of the documents as part of your sponsorship duties for a longer period to satisfy other laws and avoid a civil penalty for illegal employment. Employers must also comply with relevant data protection laws when retaining personal data.

Our business immigration lawyers offers bespoke and fixed cost packages of support to Sponsors, including advising and preparing them for Immigration and Home Office compliance audits as well as in maintaining on-going compliance.

Duty to comply with UK Immigration law

All sponsor licence holders must comply with UK immigration laws and all parts of the Worker and Temporary Worker sponsor guidance. This includes:

• only employing workers who are appropriately qualified, registered or experienced to do the job or will be by the time they begin the job
• keeping a copy of any registration document, certificate or reference that confirms they meet the requirements of the specific job, and give this to the Home Office on request
• not employing workers where they do not have the experience, qualifications, or immigration permission to do the job in question, and stop employing any workers who, for any reason, are no longer entitled to do the job
• not assigning a CoS where there is no genuine vacancy or role which meets the Worker or Temporary Worker criteria. If a sponsor assigns a CoS and the Home Office does not consider it is for a genuine vacancy, it may suspend the sponsor’s licence, pending further investigation which may result in the licence being revoked
• only allowing the worker to undertake the roles permitted by the conditions of their stay
• only assign a CoS to workers who the sponsor believes will meet the immigration requirements of the route on which it proposes to sponsor them, and are likely to comply with the conditions of their permission
• disclose (by adding a sponsor note) if you assign a CoS to a family member of anyone within the sponsor organisation if it is classed as a small or medium-sized business, or if you are aware you are assigning a CoS to a family member of anyone else within a sponsor organisation classed as a large business
• only assign a CoS to a worker if you are satisfied they intend to, and are able to, fill the role

Duty to comply with wider UK law

Sponsors have a duty to comply with wider UK law (other than immigration law). This includes, but is not limited to:

• complying with UK employment law, such as National Minimum Wage, Working Time Regulations, and paid holiday entitlement
• complying with illegal working and right-to-rent legislation
• holding suitable planning permission, local planning authority consent or any legally required licence registration or approval to run your type of business at your trading address
• if you are a food business, being registered with or approved by the relevant food authority
• ensuring that you are registered with the appropriate body if you are required to be registered with or inspected or monitored by a statutory body to operate lawfully in the UK
• employing a worker who has had a Disclosure and Barring Service (DBS) check, where it is required for the role
• where relevant, comply with the UKVI requirements of safeguarding children
• not engaging in any criminal activity

Behaviour that is not conducive to the Public good

All sponsors have a responsibility to behave in a manner that is consistent with the fundamental values and is not detrimental to the wider public good. The Home office will not grant licences to organisations whose actions and behaviour are non-conducive to the public good.

Be always prepared for a compliance visit

The Home Office can make an announced or unannounced compliance visit. The Home Office may visit the organisation, either before it decides the outcome of an application or after the licence is granted. You do need to cooperate with the Home Office and allow compliance officers access to any premises or sites under your control.

The Home may want to verify any information you gave in your sponsor licence application, and verify any information you gave in support of any worker’s visa application, they may further check you are complying with all of your sponsor duties, and speak to any sponsored workers.

You must make sure that the documents listed in Appendix D of the sponsor guidance are readily available and accessible. Furthermore, the Home Office may check with HMRC to ensure you are paying your workers appropriately and in line with the Immigration Rules and sponsor guidance.

Consequences of failure to comply with sponsor duties and responsibilities

If employers do not comply with their sponsor duties, their licence may be downgraded, suspended, or revoked, putting the jobs and immigration status of existing migrant workers at risk.

Sponsor licence downgraded

A sponsor licence may be downgraded from an A-rating to a B-rating for minor breaches. You will have to comply with a time-limited action plan, for which you must pay a fee. Once you have paid the fee, the Home Office will send you your action plan. During the period covered by your action plan, you will not be allowed to sponsor any new workers until you have regained your A-rating. However, you may assign a CoS to a worker whom you are already sponsoring under the Worker or Temporary Worker routes if they need to, and are eligible to apply for permission to stay.

Sponsor licence suspended

If the Home Office have a reason to believe that you are breaching your sponsor duties and/or pose a threat to immigration control, they may suspend your licence while they make further enquiries. Workers whom you are sponsoring at the time of suspension will not be affected, unless or until the Home Office decide to revoke the licence. In each case, the Home Office will write to the sponsor and the sponsor will be given the opportunity to respond.

Sponsor licence revoked

If the sponsor licence is revoked, it will be revoked in all the routes in which the sponsor is licenced. You will not be able to sponsor any more workers and the Home Office will cancel the permission of any workers you are sponsoring. There is a number of circumstances where the Home Office will revoke the licence. These include, but are not limited to: you cease to have a trading presence, cease to meet the requirements of the route(s), in which you are licenced, fail to comply with any of the sponsor duties, pose a threat to immigration control, convicted of a relevant criminal offence, or issued with a specified civil penalty. If your licence is revoked, you cannot make further applications for a sponsor licence until at least 12 months have passed since the date you were notified of the revocation.

How can we assist?

Our immigration lawyers are committed to providing support and guidance to employers from the time they wish to apply for a sponsor licence.  We provide ongoing compliance support and ensure that all HR policies and procedures are up to date. If you have any queries regarding your sponsor licence duties or you wish us to conduct a mock compliance visit/audit, we can arrange a phone call, face-to-face meeting or online Web conferencing such as Zoom or Teams.

Frequently asked questions

What to do on receipt of a notice of sponsor licence suspension?

A full response to the notice of suspension must be submitted to UKVI within 20 working days from the date of the notice of suspension.

Do I have a right of appeal against a decision by UKVI to revoke a sponsor licence?

There is no right of appeal against a decision by UKVI to revoke a sponsor licence. The only recourse for the sponsor would be a judicial review. If the sponsor decides to bring a judicial review, it should request that UKVI does not curtail the leave of any affected sponsored workers. If UKVI fails to comply, the sponsor may need to seek interim relief.