What Happens During a UK Home Office Compliance Visit?
Visits from the UK immigration Home Office are a common part of doing business when you employ migrant workers using the Skilled Worker and ICT Visa routes. While it’s not unusual, knowing a license compliance assessment is on the schedule can still make you feel anxious. Understanding the compliance process and what you can expect from a Home Office visit will help calm your nerves. To be completely prepared, seek UK visa advice in USA from immigration experts.
Home Office Compliance Visits 101
Your first reaction to hearing the UK Home Office is planning a compliance visit may be to wonder what your office has done wrong; however, a visit may arise just out of routine checks but even if you have made a mistake, there’s no need to panic. The Home Office may have routine questions or there could be a minor issue with your sponsorship that’s easy to resolve.
Some of the reasons a sponsor compliance visit may be scheduled include:
Your business has a B-rating sponsor license and is now subject to an action plan that requires assessment.
Another arm of the Home Office has flagged a problem and suggested a sponsor compliance unit should visit your office at the same time; or
The Home Office has received information that they believe requires follow-up by the sponsor compliance unit.
Whatever the reason you are receiving a visit, remain friendly and be compliant with all requests. Remember that the Home Office representatives are simply employees doing their job and they don’t make the immigration laws. The Home Office will be assessing sponsors to make sure the principles of sponsorship are maintained. Showing that you are willing to be helpful and transparent is never a bad thing.
What to Expect from a Home Office Visit
A typical compliance visit is estimated to last between two and three hours. Some factors that influence the length and complexity of the visit include whether it is a pre-license or post-license visit, how many staff members you sponsor and the size of your business.
It is best to clear your schedule for at least a three-hour block so that you will be available to answer questions and present all necessary paperwork.
Pre-License Visits
A pre-license assessment may occur when you are applying for a sponsor’s license for the first time or adding a tier to your existing license. The visit is instrumental in deciding if your application is granted.
During a pre-license visit, Home Office representatives will be checking:
If the number of migrants you want to sponsor is appropriate to the size and nature of your business.
If you have the proper HR systems in place to manage the responsibilities of sponsorship.
If your business poses any type of threat to immigration control.
If your business employs overseas workers who are subject to immigration laws.
If the Home Office representative can verify any application information they believe is in question.
Post-License Visits
Post-license assessments are more common than pre-license visits. Some of the reasons for a post-license assessment include:
To check if the staff you are sponsoring are in compliance with all their visa conditions.
To ensure your business is still in operation.
To see if sponsored staff are still in job roles that meet compliance codes.
To confirm that your HR department is adequate to fulfill all licensing duties.
To ensure you still need the number of certificates you are licensed for.
To make sure your business does not pose a threat to immigration control.
How to Prepare for a Sponsor Compliance Visit
First, review your compliance systems. All HR personal and necessary staff should be well aware of their role in maintaining compliance. Consider organizing a staff training session to ensure all sponsorship responsibilities are covered. Employees should understand their roles well enough to demonstrate procedures if asked to do so by Home Office representatives.
Also, make sure all key personnel are present for the audit. Trying to “make do” with staff members who don’t understand the process or who may provide inaccurate information will send up a red flag for Home Office representatives. If the visit is an unscheduled event and key HR members are absent, you may ask the representatives to return at another time.
Lastly, let all of your employees know the visit is scheduled. Sponsored employees may be required to speak with Home Office representatives. Remind them to be truthful and forthcoming with their answers. Sponsored employees may also be asked to sign their interview records. If so, they should be provided with the content of the interview and make certain it is accurate before signing.
Consult an Immigration Expert for UK Visa Advice in USA
The immigration experts at Eversage can help you prepare for a sponsor compliance visit. Failure to meet with compliance puts your company at risk of losing its sponsorship license, any visas of sponsored employees being curtailed, and presenting a PR nightmare. An experienced UK immigration lawyer can offer advice on preparing for inspection and organizing a mock audit to ensure you will meet all compliance standards.