A guide to the Sponsor Licence compliance audit

The Sponsor Licence compliance audit is an integral part of being a Sponsor Licence holder. Ensuring that your business is always prepared, should you be audited, is essential to maintaining your ability to employ overseas workers. In this guide, we will explain what you need to know, and how we can help.

As part of the UK Visas and Immigration’s (UKVI) attempts at regulating companies that employ overseas workers, they carry out compliance checks of Sponsor Licence holders.?

These audits ensure that sponsor licence holders meet their responsibilities and obligations and adhere to strict UKVI rules.?

There are several things sponsors need to do to avoid any penalties or consequences. Some requirements or actions may be complex or overlooked, so it is a good idea to get outside help to ensure that your company is complying with the rules.

Our experienced team can help you to prepare by conducting a mock audit. This will not only help you prepare for a visit from the UKVI, but we will also be able to identify potential issues and remedy them before a real audit.

What are a sponsor’s responsibilities?

A sponsor’s primary duties include:

1. Monitoring sponsored workers: Use the Sponsor Management System (SMS) to report activities like attendance and ensure workers comply with their visa conditions.
2. Assigning key roles: Sponsors must assign at least two roles - Authorising Officer and Level 1 User - but assigning all four (including a Level 2 User and a Key Contact) enhances efficiency.
3. Maintaining accurate records: Retain and verify the authenticity of workers’ documents to demonstrate their suitability for their roles. This is important to prove their identity, and that they are able to do the job that they are in the UK to do.
4. Reporting business changes: Notify UKVI of significant business changes, such as relocations or ownership changes.?This is not something that will be relevant to a Sponsor Licence audit, but it is useful to be aware of.

How are Sponsor Licence audits carried out?

During an audit, UKVI will examine your HR systems, record-keeping practices, and monitoring processes to ensure compliance.

Sponsor Licence audits can be carried out when you first apply for your Sponsor Licence to make sure that you meet the requirements to begin with, and they will carry out check-ups now and then after you have got your licence as well.?

Initial application audit

The UKVI will carry out the check before you are given your licence, either remotely or in person. They will make sure that you:

• Have all the correct HR systems in place to be able to do your Sponsor Licence responsibilities?
• Have a genuine role that needs to be filled by an overseas worker
• Genuinely require the number of workers you plan on sponsoring
• Are not a threat to immigration control?

Ongoing compliance checks

Then, when they do check-ups once you do have your licence, the UKVI will ensure that:

• You are carrying out your HR duties, such as monitoring and recording the activities of your sponsored employees
• Your sponsored workers meet the conditions of their visa
• Your business is still active
• Your business still needs the same number of Certificates of Sponsorship

To make sure that you are not unknowingly breaching the Sponsor Licence rules and that there are no compliance issues, it is a good idea to get the help of a legal professional such as those on our team. They can take you through a Sponsor Licence audit and help you identify and address potential issues before an official audit, giving you peace of mind.

What happens if I fail a Sponsor Licence compliance audit?

If you do not pass your Sponsor Licence audit, then a few things could happen, depending on your situation.

A failed check before you even get your Sponsor Licence means that you will simply not be issued with a licence.?

For a check after you have received your licence, if you fail, there are several possible outcomes:

• Minor issues will result in your licence being downgraded from an A-rating to a B-rating to give you time to fix any issues
• Your licence can be suspended if the UKVI think you are not compliant
• Finally, your licence can be fully revoked if there are any serious breaches of the rules?

However, if your licence has been downgraded or suspended, you can appeal the decision. This is something that we can also help you with.

Please note that revocations cannot be challenged, and you will instead have to apply for a new licence after 12 months.

How we can help

As part of our services, we offer a comprehensive Sponsor Licence audit to ensure that your company complies with the rules and prepare you for a real compliance check with the UKVI.?

To use this service, you will need to contact us and discuss your needs with a member of our team. You can do this by either calling us, emailing us, or by booking a free 10-minute assessment on our website. After this, we can decide what steps to take next.?

Get in touch with us today to see how we can help you with the Sponsor Licence audit.