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To have your sponsorship licence application approved, you will need to demonstrate you are capable of remaining compliant with the terms of the licence and meet your responsibilities as a sponsor.
The main areas where you must remain compliant are:
Your business must stay on top of its record-keeping and run lawfully in the UK, but it must also monitor and keep relevant records of each of your migrant workers to ensure the worker does not breach the terms of their visa.
Among the records for each migrant worker, sponsors must keep an electronic or paper copy (although both are advised) of:
The Level 1 user is responsible for updating the Home Office with any changes to any information relating to their workers and responding swiftly to any requests for information from the Home Office.
The Sponsorship Management System (SMS) is accessible by both the Home Office and the business’ Level 1 Users, so efficient management of this system is the most effective way of keeping records up-to-date and maintaining compliance. Legal Representatives can also be Level 1 users and make changes on the sponsors’ behalf.
If the Home Office suspects that any information on the SMS is out of date, they will request information from your business, which should respond and update the SMS quickly. If a sponsored employee breaches the terms of their visa such as not showing up for work on their first day, not communicating with their employer, having an unexplained absence of more than 10 days, or the terms of their employment has changed, the dedicated personnel must update the SMS within 10 working days to keep the Home Office updated.
Any changes to the business’ operations including shareholdings or the dedicated personnel’s contact details must be updated within 20 working days to maintain compliance with the sponsorship responsibilities.
There are potentially serious penalties for non-compliance with the terms of your sponsorship licence, so you need to ensure you have the resources to keep up with your responsibilities as a sponsor. Your responsibilities include keeping up-to-date records of your migrant workers and responsible staff members, updating the Home Office of any changes and responding in a timely manner to any requests for information from the Home Office.
While you will undergo a compliance check every 12 months of your licence, if any suspicions arise, the UKVI (UK Visas and Immigration Service which forms part of the Home Office) can carry out site checks at short notice. They will look through your records, see the day-to-day workings of your business or check that certain migrant workers are still employed with you.
If you fail to comply with the terms of your sponsor licence, depending on the severity of your failings, you may have your licence downgraded, fully revoked or face fines or even prison sentences, as some failures are comparable to immigration fraud.
Start-up UK provides experienced and trained key personnel who can support you with your sponsorship duties. If you would like to discuss the suitability of our services, please call 07309 240340 or email: laura@start-upuk.com.
Discuss how we can support your business. Call us at 07309 240340 , and one of our expert advisers will reach out to you promptly.
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