UK immigration laws and guidance

All guidance documents for sponsors can be found here: Sponsorship: guidance for employers and educators.

The Home Office list a number of sponsor obligations and duties, particularly within Part 3 of the guidance, found here: “Workers and Temporary Workers: guidance for sponsors part 3: sponsor duties and compliance”.

We have set out at a high level an overview of the primary sponsor obligations below.

Wider legal obligations

A sponsor is expected to comply with its wider legal obligations. These obligations are set out at section C1.48 of the guidance (“Workers and Temporary Workers: guidance for sponsors part 3: sponsor duties and compliance”) which include, but are not limited to:

• complying with UK employment laws;
• complying with illegal working (right to work) and right to rent legislation;
• employing workers who are Disclosure and Barring Service checked (if required);
• not engaging in any criminal activity; and
• not engaging in discrimination, or behaviour non-conducive to the public good.

Additional duties

• Workers and Temporary Workers – guidance for sponsors part 1: apply for a licence
• Part 2: Sponsor a worker – general information
• Workers and Temporary Workers: sponsor a Skilled worker
• Workers and Temporary Workers: sponsor a Global Business Mobility worker
• Worker and Temporary Workers: guidance for sponsors: sponsor a Creative Worker
• Appendix FM: Family members of British nationals (see S1.13)

Changes in respect of your business

At section C2.4 of the guidance (“Workers and Temporary Workers: guidance for sponsors part 3: sponsor duties and compliance”), the Home Office sets out the changes sponsors must report, including but not limited to changes to the company’s address, contact details and/or key personnel (see further below) and the sale of all or part of the business.

Changes in respect of sponsored worker(s)

The full list of reporting duties in respect of sponsored worker(s) is set out in section C1.13 of the guidance (“Workers and Temporary Workers: guidance for sponsors part 3: sponsor duties and compliance”).

How to report changes – key personnel and the sponsor management system (‘‘SMS’’)

The SMS is an online system that sponsors are provided access to via their Level 1/Level 2 Users. The SMS should be used to communicate any changes to your business and any matters relating to the migrants that you sponsor. It is also used to perform administrative tasks and assign a Certificate of Sponsorship (“CoS”) to sponsored worker(s).

As a sponsor you must appoint and maintain the following key personnel:

• Authorising Officer – the person responsible for your licence
• Key Contact – the Home Office contact
• Level 1/Level 2 Users – those with access to the SMS

These roles may be held by different individuals or by one person, provided that they are based in the UK (although other rules may apply). They must be trustworthy, ensure their details are always up to date and protect SMS access by keeping login details secure. As a sponsor you remain responsible for the actions of your key personnel and any other representatives.

The Home Office has also produced a number of helpful guides to the SMS which can be found here.

If you lose access to the SMS, there is a special process to follow which can be found here.

A sponsor is obligated to retain a variety of documents. There is an official guidance document on the kind of records that you must keep (Appendix D). These include:

• evidence of right to work checks; and
• human resource records.

To ensure that a sponsor is complying with the duties and obligations of sponsorship, the Home Office will engage in a variety of compliance checks, including information requests and inspections – these are set out at section C7 of the guidance (“Workers and Temporary Workers: guidance for sponsors part 3: sponsor duties and compliance”). If an inspection takes place, you must cooperate fully. We are happy to advise on the procedure, as required.

Possible sanctions for compliance breaches include action plans, downgrading, suspension or revocation of a sponsor’s licence, curtailment of sponsored workers’ visas and civil penalties (as well as criminal liability in serious cases). Enforcement action is commonly triggered by the misuse of a CoS, illegal working and non-reporting of material changes on the SMS.

A sponsor’s duties are designed to ensure continuous engagement with the Home Office, including proactive notification of business changes and matters concerning sponsored migrant workers.

The duties are also intended to ensure that any sponsored worker is filling a genuine vacancy, that they are being paid appropriately and that there is oversight of their work in the UK.

The guidance is updated regularly, so keeping up to date is essential.

If in doubt about any matter, it is best to seek advice. Early identification of potential issues and a responsible approach to the engagement of migrant workers is of great importance. The duties and obligations exist to ensure the rules and requirements of the sponsorship regime are maintained.

The team at Wiggin are happy to assist with any queries you have.

Please note that this article is for general informational purposes only and does not constitute legal advice.