In the current Immigration context, Post-Licence Sponsor compliance visits have become increasingly more common than ever before.  While being granted a Sponsor Licence is a privilege, it is the licensed sponsor’s duty to maintain the sponsor license and protect sponsored workers.

Home Office compliance officers can at any time conduct an announced or unannounced compliance visit on site or virtually. During the compliance visit, the compliance officers will interview the Sponsor Licence holder, sponsored workers, and review the HR system of the company. These compliance visits can be triggered due to many reasons, including if the Home Office receives any intelligence about the organisation.

Any licensed sponsor should comply with their sponsor duties. These duties can be broadly categorised into 5 key areas. Post-licence Compliance visits are centred around these 5 major areas of compliance.

1. Record Keeping– As a Licenced Sponsor, do you retain key documents required for the company and each sponsored worker? These documents include Passports, Right to work checks, employment contracts, contact details of migrants, etc.
2. Reporting– If there are any changes to the company or to the terms of employment of any sponsored workers, do you report these changes to the Home Office within the prescribed time limits?
3. Complying with the Law– Do you adhere to the UKVI guidelines and comply with the broader UK legal system including employment laws?
4. Genuine Vacancy– Are you hiring a migrant to fill a genuine vacancy within the company and is the identified migrant the right fit for the vacancy?
5. Co-operating with the UKVI– Do you usually cooperate with the UKVI, for instance by responding to queries, requests for further evidence and assisting them as required?

During a Sponsor compliance visit, the compliance officer will primarily assess the following:

• that a licensed sponsor is meeting their sponsorship obligations
• that the sponsor has the necessary HR systems and procedures in place to meet their sponsorship obligations
• whether the sponsor is complying with their obligations to prevent illegal working
• whether the sponsor or the sponsor’s activities pose a threat to immigration control
• whether the original number of CoS requested on the sponsor application or annual request is still justified
• whether those working with the sponsor are complying with any conditions of their leave to stay in the UK
• whether the sponsor continues to have an operating or trading presence
• whether sponsored workers were recruited to fill genuine vacancies which meet the requirements of the relevant immigration route in respect of skill level and pay all aspects of the tasking referral

The compliance officers will also check employee files for sponsored workers, right to work documentation, and conduct interviews with sponsored workers.

Any issues flagged up during these compliance visits can have serious consequences on a sponsor licence holder. For instance, the Home Office can revoke, downgrade or even suspend a Sponsor License based on the outcome of a compliance visit. Therefore, it is crucial for any licensed sponsor to be fully prepared for any Home Office compliance visit.

Conducting an HR audit in a timely manner will help any Sponsor Licence holder to be prepared for compliance visits with the Home Office. As a licensed Sponsor, conducting an audit is the first step that you can take towards ensuring that you retain your Sponsor Licence and safeguard your hardworking skilled workers.

At Vira International, we can assist with conducting a HR audit for your business which holds a Sponsor Licence.

Our HR audit services include the following services:

• Conducting an on-site or virtual audit concerning the 5 major areas of compliance: Record Keeping, Reporting, Complying with the Law, Genuine Vacancy; Co-operating with the UKVI
• Providing a brief simulation of the experience of being audited by a compliance officer
• Requesting relevant documentation including employee files, right to work checks, employment contracts and reviewing them.
• Reviewing the HR systems including the systems for requesting leave, logging hours, document retention, etc.
• Answering any questions related to sponsor compliance
• Interviewing up to 5 migrant workers to prepare them for any potential interviews with the Home Office
• Assessing whether the migrants’ details on their Certificates of Sponsorship and their employment contracts reflect their current terms of employment
• Providing a detailed report including any areas for improvement and recommendations

As a licensed Sponsor, it is your duty to safeguard your Sponsor Licence and protect your sponsored workers. As always, precaution is better than prevention, and we recommend conducting a HR audit sooner than later.