For businesses hiring foreign workers, obtaining a sponsor licence is essential. This licence allows organisations to bring international talent into the UK workforce, whether for skilled roles or internships. However, sponsoring workers comes with significant responsibilities, especially around reporting and maintaining documentation. The UK Home Office requires sponsors to keep detailed records and report specific information promptly to ensure compliance with immigration laws. In this blog post, we will outline the key reporting and documentation requirements for sponsor licence holders, and share a success story from Emigral to demonstrate how compliance can prevent issues and help maintain a good standing.
Why Are Reporting and Documentation Requirements Important?
The Home Office's requirements for reporting and record-keeping ensure immigration compliance. By maintaining accurate and up-to-date records, your business shows it is fulfilling its obligations as a licensed sponsor. This helps avoid penalties and ensures that workers are legally employed while keeping your sponsor licence in good standing.
Failure to adhere to these requirements can lead to fines, a downgrade in your sponsor licence, or even its revocation. Therefore, understanding what needs to be reported and documented is critical.
Key Reporting Requirements for Sponsor Licence Holders
As a sponsor, you must report specific information to the Home Office in a timely manner. Here are the key reporting requirements:
1. Changes to a Sponsored Worker's Employment
You must report significant changes to the employment of a sponsored worker, such as:
- Job Role Changes: Changes in job title, duties, or salary must be reported within 10 working days.
- Workplace Location Changes: Any change in the worker's employment location must be reported.
- Contract End: If a worker's employment ends, report this immediately.
2. Absences of Sponsored Workers
If a worker is absent for more than 10 consecutive days without notifying you, report the absence to the Home Office.
3. Non-Compliance with Immigration Conditions
If a worker violates the conditions of their visa, such as working in an unapproved role, report this to the Home Office.
4. Changes to the Sponsor's Details
Report any significant changes to your organisation's details, such as a change in address or key personnel, within 20 working days.
Documentation Requirements for Sponsor Licence Holders
In addition to reporting, you must maintain certain documents for all sponsored workers to verify compliance with immigration laws. These documents are vital in case of a Home Office audit.
1. Proof of Right to Work
Keep proof that your sponsored workers are legally allowed to work in the UK. This includes:
- Passport details
- eVisa information and/or Biometric Residence Permits (BRP)
- Immigration status documents
2. Employment Records
You must keep employment records to show that the worker is employed according to their visa terms. These include:
- Contract of Employment outlining the worker's role, duties, salary, and conditions.
- Payslips showing that the worker is paid the correct amount.
- Job Description ensuring that the worker's role matches the requirements for their visa.
- Employee's entry form with up to date personal details
3. Recruitment Evidence
Keep records to demonstrate that the recruitment process was lawful and followed proper procedures. This includes:
- Job advertisements
- Interview records
- Evidence of the recruitment process
4. Ongoing Compliance with Visa Conditions
Track your workers' compliance with their visa conditions throughout their employment, including:
- Attendance Records to ensure the worker is working the required hours.
- Documentation of any changes to their role or salary to ensure continued compliance with visa conditions.
5. Retention Period for Documents
You must retain records for the entire duration of the worker's employment and for at least one year after their employment ends. This ensures you have sufficient documentation for any Home Office inspections.
Storing and Managing Your Documentation
Accurate and organised record-keeping is essential for any sponsor licence holder. Whether storing physical copies or using an electronic system, ensure that all documents are secure and easily accessible for audits or inspections by the Home Office.
Final Thoughts
Being a sponsor comes with significant responsibilities, and reporting and documentation are among the most crucial. By understanding your obligations and ensuring you maintain the required records, you can avoid complications and keep your sponsorship licence in good standing.