What are the Duties of a UK Sponsor Licence Holder?
A UK Sponsor Licence provides employers with a significant amount of flexibility in their hiring process. However, the privilege of holding a Sponsor Licence comes with substantial responsibilities and expectations. Failing to fulfill the required duties could cause your licence to be suspended or downgraded whilst also dealing with the ramifications for sponsored workers and PR fallout. Consult with an immigration lawyer for UK visa advice in the USA to make certain you stay in compliance.
1. Perform Due Diligence on Sponsored Workers
It is the responsibility of any organization holding a Sponsor Licence holder to maintain complete compliance with all UK visa regulations. It is critical to make sure that all foreign national employees within your organization have the necessary qualifications, skills, and professional accreditations for the job for which they were hired. Detailed records of all employee credentials should be kept on file at all times.
Protect yourself and your organization by only offering sponsorship to people when a job that meets sponsorship criteria is available. Part of your responsibility is to report any sponsored workers who are not in compliance with their visa conditions. Reports should be made to the UK Visas and Immigration Office (UKVI).
2. Monitor Your Employees
Your company’s HR department must perform and provide validation of the following duties:
Monitor each sponsored employee’s immigration status
Track and record the attendance of sponsored workers
Ensure that all the contact details of your sponsored workers are updated
Maintain all relevant documents for sponsored workers, including their right to work information and their passports
Report absent workers to the UKVI
3. Report Business Changes
If your organization becomes insolvent, stops trading, or merges with another company, it must be reported to the UKVI within a specified period of time. Any change that substantially alters the nature of your business must be filed appropriately. More minor changes like a new address or adjustments in key personnel also need to be reported.
Changes can be reported online using the UK sponsorship management system. It may take up to 18 weeks for requests to be processed.
4. Other Duties
Several other duties must be fulfilled, or your organization could be penalized. These duties include but are not limited to:
Your company must be legitimate and operating legally in the United Kingdom at the time you apply for a Sponsor Licence
If sponsoring workers are under 18, it is your responsibility to get a parental letter of consent and keep it on file
Your company must also be aware of responsibilities under the Data Protection Act 2018 and the General Data Protection Regulation
Get Reliable UK Visa Advice in the USA
The experienced UK immigration lawyers at Eversage Associates are here to help you stay in compliance with all UK visa laws. Hiring workers outside of the UK can be complicated. Following all the guidelines for a UK Sponsorship Licence is even more complex. Don't risk making a mistake that could get your organization penalized. Eversage Associates is here to help with all your UK immigration questions.