Ensuring Compliance: Reporting Unauthorised Absences of Sponsored Workers

As a sponsor license holder, ensuring compliance with Home Office regulations is paramount. One of the key responsibilities involves reporting skilled workers who are absent from work without permission. The following guidance, based on Home Office requirements, outlines the steps you must take to stay compliant in such situations.

Reporting Unauthorised Absence

According to the sponsor guidance:

You must tell the Home Office if a worker you are sponsoring has been absent from work without your permission for more than 10 consecutive working days. This requirement applies even if you intend to continue sponsoring the worker. The report must be made no later than 10 working days after the tenth day of absence.

When submitting your report, ensure it includes the following information:

• The date the unauthorised absence started.
• If the worker has since returned to work, the date they returned.
• If the worker has not returned to work, details of any attempts you have made to contact the worker.
• Whether you have made, or will be making, any salary deductions for the period of unauthorised absence, and what those deductions are.
• Whether you intend to continue sponsoring the worker.

Practical Steps for Compliance

1. Monitor Attendance Diligently: Maintain accurate records of attendance and ensure you have a system in place to track unauthorised absences. Prompt detection will help you adhere to reporting timelines.
2. Attempt Contact: If a worker is absent without permission, make reasonable efforts to contact them. Document all attempts, including phone calls, emails, and any other methods of communication.
3. Prepare Documentation: Before submitting the report, gather all relevant details. This includes the absence start date, contact attempts, salary adjustments, and your decision regarding continued sponsorship.
4. Submit the Report on Time: Use the Sponsor Management System (SMS) to report the unauthorised absence within the required timeframe. Late reporting can lead to compliance issues.
5. Review Sponsorship Decisions: Assess whether you will continue to sponsor the worker. If you choose to withdraw sponsorship, ensure you follow the appropriate procedures for notifying the Home Office.

Key Compliance Considerations

• Impact on Sponsorship License: Failure to report unauthorised absences promptly can jeopardize your sponsor license. Regular audits and internal compliance checks can help avoid inadvertent non-compliance.
• Fair Treatment: While reporting unauthorised absences is mandatory, it is equally important to ensure fair treatment of workers. Adhere to your internal policies and employment laws when addressing absences and potential disciplinary actions.
• Ongoing Training: Ensure that key staff responsible for compliance are trained on the latest sponsor guidance. Regular updates can help maintain high compliance standards.

Conclusion

Reporting unauthorised absences is a critical part of your responsibilities as a sponsor license holder. By staying on top of your reporting duties, you’re safeguarding your sponsor licence and ensuring a smooth pathway for your Skilled Workers. Don’t let simple oversights put your organisation at risk—stay compliant and prepared!

Also Read:

• Sponsor License Reinstated after successful Judicial Review Victory, Safeguarding Client’s Business and Employees
• Success Story: Suspended Sponsor Licence Reinstated for Care Provider

How NARA Solicitors Can Help

Our services include:

1. Sponsor Compliance and Audit Services: Stay fully compliant with immigration rules by opting for a Home Office-style compliance audit conducted by NARA Solicitors.
2. Sponsor License Management: Assistance in applying for, renewing, or managing your sponsor license while providing training and guidance to HR teams on compliance.
3. Representations Against Suspension or Revocation: Filing representations to help you retain your license and continue operations.
4. Judicial Review Challenges: Challenging sponsor license revocations in the High Court to address unlawful decisions.

For more information or to book a compliance audit or consultation, email us at [email protected] or visit narasolicitors.com.

Disclaimer: This blog is for informational purposes only and should not be considered legal advice.