Sponsor Licence Audit and Compliance
Mr. Sajjad Kayani
Overview
Guiding the complexities of UK immigration law can be daunting for employers wishing to sponsor non-EEA nationals. Ensuring compliance with sponsor licence requirements and being prepared for audits is essential for maintaining a good standing with the UK Home Office. Kayani Legal, a leading firm of solicitors specialising in UK immigration law, can guide you through the entire process, ensuring that your organisation remains compliant and avoids potential pitfalls.
Table of Contents
How to Prepare for a Sponsor Licence Audit
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Review your current policies and procedures: Ensure that your organisation's policies are up-to-date and in line with the latest UK immigration rules and regulations.
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Maintain accurate records: Keep detailed records of all sponsored workers, including their contact details, job titles, and employment contracts.
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Conduct internal audits: Review your HR systems and processes to ensure compliance with sponsor duties and responsibilities.
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Train your staff: Provide training to HR personnel and other key staff members on sponsor licence duties and responsibilities.
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Seek professional advice: Engage a reputable immigration law firm, like Kayani Legal, to guide you through the audit process and ensure your organisation remains compliant.
Eligibility Criteria
Employers must meet the following criteria to be eligible for a sponsor licence:
- Genuine organisation: The employer must be a genuine, legally operating organisation in the UK.
- HR systems: The employer must have appropriate procedures to monitor and track sponsored workers.
- No history of non-compliance: The employer should not have an account of non-compliance with UK immigration laws or previous sponsor licence revocations.
- Key personnel: The employer must appoint suitable personnel to manage the sponsor licence and ensure compliance with UK immigration rules.
Documents Required
To demonstrate compliance during a sponsor licence audit, employers should have the following documents readily available:
- Employment contracts for sponsored workers.
- Job descriptions and evidence of appropriate skill levels for sponsored roles.
- Payslips and proof of minimum salary requirements.
- Records of right-to-work checks for all employees.
- Evidence of the Resident Labour Market Test (RLMT), if applicable.
- Training records for HR personnel and key staff members responsible for sponsor licence management.
Biometric Appointments
Sponsored workers must attend a biometric appointment as part of their visa application process. This appointment involves providing fingerprints, photographs, and digital signatures to confirm their identity.
Application Fees
The application fee for a sponsor licence depends on the organisation's size. Small or charitable sponsors pay a fee of £536, while medium or large sponsors pay £1,476.
Application Process
- Complete the online sponsor licence application form and pay the relevant fee.
- Submit the required supporting documents to the Home Office.
- Prepare for a potential Home Office compliance visit, during which your organisation's HR systems and processes will be assessed.
- If your application is successful, you will be granted a sponsor licence with an A-rating, allowing you to assign Certificates of Sponsorship (CoS) to eligible workers.
Immigration rules and regulations
Sponsors must comply with UK immigration rules and regulations, including the Immigration Skills Charge, RLMT, and reporting duties. Regularly review the Home Office's guidance to stay up-to-date with any changes in immigration law.
Sponsorship Process and Responsibilities
Employers wishing to sponsor non-EEA nationals must:
- Obtain a sponsor licence from the Home Office.
- Assign a CoS to the eligible worker.
- Ensure compliance with sponsor duties, including monitoring sponsored workers and reporting any changes in their circumstances to the Home Office.
Dependents
Sponsored workers can bring their dependents (spouses, civil partners, unmarried partners, and children under 18) to the UK, provided they meet the maintenance and relationship requirements. Dependents must apply for their visas separately and may have the right to work or study in the UK, subject to certain restrictions.
Tips for success
- Stay up-to-date with UK immigration rules and regulations.
- Ensure your HR systems are robust and well-organised.
- Conduct regular internal audits and address any compliance issues promptly.
- Train your staff on sponsor licence duties and responsibilities.
- Seek professional advice from a reputable immigration law firm like Kayani Legal.
Reasons for Refusal
Common reasons for sponsor licence refusals include:
- Only complete or accurate application forms.
- There must be more evidence of a genuine vacancy or the organisation's ability to comply with sponsor duties.
- Previous non-compliance with UK immigration law.
- Unsuitable key personnel appointed to manage the sponsor licence.
Visa Extensions and Changes
Sponsored workers may be eligible to extend their visas or switch to a different visa category, provided they continue to meet the relevant eligibility requirements. Employers must ensure they comply with sponsor duties throughout the worker's stay in the UK.
Rights and Restrictions
Sponsored workers have the right to work in the UK for their sponsoring employer, subject to certain conditions. They are generally not allowed to access public funds and must leave the UK at the end of their visa validity period or when their employment lots, whichever occurs first.
Case Studies and Success Stories
Kayani Legal has assisted numerous organisations with sponsor licence audits and compliance needs. Our case studies highlight the challenges clients face and our team's strategies to secure positive outcomes. Five real-life examples of our work can be found on our website, showcasing our expertise in this area.
Case Study 1: International Chef Secures CoS and Tier 2 Visa Challenge
A renowned international chef was offered a position in a prestigious London restaurant. However, the employer was unfamiliar with the CoS process and faced difficulties understanding the immigration rules. Strategy: Kayani Legal stepped in to assist the employer in obtaining a Sponsor Licence and navigating the CoS process. The team guided the Resident Labour Market Test and ensured the application met all requirements, ultimately securing a CoS for the chef. The chef's Tier 2 visa application was successful, and they now work in the UK.
Case Study 2: CoS for IT Specialist Facing Salary Issues Challenge
An IT specialist from India received a job offer from a UK company. However, the offered salary was below the minimum threshold for the Tier 2 visa. Strategy: Kayani Legal reviewed the job offer closely with the employer and advised on the appropriate salary level to meet the visa requirements. The team assisted the employer in applying for a CoS and successfully secured it. The IT specialist's visa application was approved, and they now contribute their skills to the UK market.
Case Study 3: Successful CoS for an Intra-Company Transfer Challenge
A multinational corporation wanted to transfer a key executive from their overseas branch to the UK office but faced difficulties obtaining an Intra-Company Transfer CoS. Strategy: Kayani Legal guided the company through the CoS application process, ensuring all necessary documents were in place and that the application met the specific requirements for Intra-Company Transfers. The executive received their CoS and subsequently obtained their visa, allowing them to take up their role in the UK.
Case Study 4: Healthcare Professional Obtains CoS Despite Previous Refusal Challenge
A skilled healthcare professional received a job offer from a UK hospital, but their previous Tier 2 visa application had been refused due to issues with their CoS. Strategy: Kayani Legal reviewed the case thoroughly and identified the reasons for the refusal. The team worked with the employer to address the issues, helping them to apply for a new CoS that met all requirements. The healthcare professional's visa application was approved, and they are now working in the UK healthcare sector.
Case Study 5: CoS and Tier 2 Visa for a Researcher with Shortage Occupation Role Challenge
A talented researcher from outside the EEA was offered a position in a UK university, but their employer was unsure how to obtain a CoS for a role on the Shortage Occupation List. Strategy: Kayani Legal advised the university on the specific requirements for a CoS in shortage occupation roles and assisted with the application process. The team ensured the researcher's qualifications and experience were accurately reflected in the application. The researcher received their CoS, and their Tier 2 visa application was successful, allowing them to contribute to ground-breaking research in the UK.
Case Laws on Certificate of SponsorshipÂ
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R (New London College Ltd) v SSHD [2013] UKSC 51
This case clarified the proportionality of revoking a sponsor's licence due to non-compliance with sponsorship duties.
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R (Sajjad) v SSHD [2019] EWCA Civ 720
The Court of Appeal considered the genuineness of the Tier 1 (Entrepreneur) application and the role of the Certificate of Sponsorship in the application process.
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R (West London Vocational Training College) v SSHD [2010] EWHC 2610 (Admin)
This case dealt with the suspension and revocation of a sponsor's licence and addressed the sponsor's right to make representations.
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R (on the application of Raj & Knoll Ltd) v SSHD [2015] EWCA Civ 802
The court highlighted the importance of strict compliance with sponsorship licence requirements and considered the proportionality of revoking a licence.
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R (English UK Ltd) v SSHD [2010] EWHC 1726 (Admin)
This case concerned the introduction of the Points-Based System and the changes it brought to educational institutions sponsoring students.
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R (Islam) v SSHD [2015] EWHC 639 (Admin)
The court examined the application of the 'genuineness test' concerning Tier 2 (General) migrants and the implications for sponsoring employers.
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R (Techsense UK Ltd) v SSHD [2011] EWHC 3013 (Admin)
The court discussed the obligations of sponsors in providing information to the Home Office and considered the consequences of failing to do so.
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R (Maya) v SSHD [2015] EWHC 221 (Admin)
This case considered the impact of a sponsor's failure to comply with the record-keeping duties and the revocation of the sponsor's licence as a result.
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R (London St. Andrews College) v SSHD [2014] EWHC 4328 (Admin)
The court examined the appropriate level of scrutiny when assessing a sponsor's compliance with their sponsorship duties.
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R (Alvi) v SSHD [2012] UKSC 33
The Supreme Court considered the extent to which guidance documents relating to the Points-Based System should be regarded as rules having the force of law.
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R (Kamal) v SSHD [2016] EWHC 779 (Admin)
This case dealt with the right to work for Tier 2 (General) migrants whose sponsor's licence had been suspended.
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R (on the application of Ziha) v SSHD [2013] EWHC 402 (Admin)
The court explored the impact of the Home Office's decision to suspend a sponsor's licence on the leave of the sponsored migrants
Find Your Answer
Frequently Asked Questions
A Certificate of Sponsorship is a digital document issued by UK employers with a valid Sponsor Licence, allowing them to employ a non-EEA national for a specific job under the UK's Points-Based System. The CoS is not a physical document but a unique reference number that the prospective employee must include in their visa application.
There are two types of CoS: Restricted and Unrestricted. Restricted CoS are for Tier 2 (General) migrants applying outside the UK, while Unrestricted CoS are for migrants already in the UK, switching or extending their visa, or filling shortage occupation roles.
You cannot apply for a CoS yourself. Your prospective UK employer, who must hold a valid Sponsor Licence, will apply for a CoS on your behalf.
A CoS is valid for three months from the date of issuance. You must submit your visa application within this period; otherwise, the CoS will expire.
Yes, a sponsoring employer can withdraw or cancel a CoS if the job offer is withdrawn, the employee's circumstances change, or the sponsor believes the employee is not complying with the conditions of their visa.
A CoS contains essential information about the sponsored job, such as the job title, salary, start date, and duration. It also includes the migrant's details and the sponsor's information.
A valid CoS is a crucial part of your visa application. It demonstrates that you have a genuine job offer in the UK and that your employer is authorised to sponsor you.
If your sponsor's licence is revoked, your CoS will no longer be valid, and your leave may be curtailed, meaning you may need to find a new sponsor or leave the UK.
You can bring your dependents (spouse/partner and children under 18) to the UK. Each dependent will need to apply for a dependent visa.
Kayani Legal's experienced immigration lawyers can guide you and your employer through obtaining a CoS, ensuring compliance with immigration rules and requirements, and assisting with the visa application process.
Why Kayani Legal
Expertise
Our team has extensive experience in UK immigration law and sponsor licence compliance.
Tailored service
We provide personalised solutions, ensuring your organisation's unique needs are met.
Proactive approach
We help you avoid potential compliance issues by conducting regular audits and providing up-to-date guidance on immigration law.
Comprehensive support
We offer end-to-end support, from sponsor licence applications to ongoing compliance management.
Client satisfaction
Our track record of successful and satisfied cases speaks for itself—Trust Kayani Legal to help you navigate the complex world of UK immigration law and sponsor licence compliance.
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