The Tier 2 and 5 sponsor license system enables eligible UK businesses to recruit talent from outside the European Economic Area (EEA). Sponsor license holders are required to remain compliant at all times with the requirements of the Home Office in order to keep their license. Failure to do so may risk revocation of the license or downgrading of your company’s sponsorship rating. As a London based law firm, our immigration team has helped many businesses of all types and sizes to secure a Sponsor Licence and then retain it through ongoing compliance.
AQ Archers can help your business to:
- put in place systems required by the Home Office, including a compliant HR system
- train you on the use of the Home Office’s Sponsorship Management System (SMS)
- show you how to carry out Resident Labour Market Tests (RLMT)
- act in the role of key users on your behalf
- prove the genuineness of your vacancies
- pass random Home Office compliance visits
- have a decision to revoke, suspend, or downgrade reversed
It is important to understand that compliance visits may occur for a number of reasons. You may receive a visit as a matter of routine to ensure your business is acting in the manner required. You may also receive a visit because the Home Office has received intelligence from any source that your business is not conforming to the sponsorship rules, or if you have previously been downgraded to a B-rating, they may return to ensure you have resolved any outstanding problems.
What are the sponsor license compliance requirements?
The Home Office will make compliance visits to your business premises, either on a pre-arranged basis, or more often you will not receive prior notification. During the visit, the compliance officer will seek to establish the following:
- you are meeting your sponsorship obligations – including recording key information regarding those you are sponsoring, and reporting information back to the Home Office (e.g. if the employee if not complying with the terms of their sponsorship)
- you have the necessary HR systems and procedures in place to meet your sponsorship obligations
- you or your activities do not pose a threat to immigration control
- the original number of CoSs or CASs requested is still justified
- whether migrants working or studying with the sponsor are complying with the conditions of their leave to stay in the UK
- whether you still have a trading presence
- whether sponsored Tier 2 or 5 migrants were recruited to fill genuine vacancies
- the information you provided on your sponsor licence application was accurate
- you are complying with your obligations to prevent illegal working
What will happen if my business is not compliant?
As a result of your compliance visit, your business will either:
- retain its licence status, or
- have its allocation of CoS or CAS reduced or removed
- Be downgraded to a B-rating and be issued with a time-limited action plan (downgrading to a B-rating does not apply to Tier 4 sponsors)
- Have your licence suspended
- Have your licence revoked
If your license is removed, you will no longer be able to recruit staff from outside of the EEA and those staff you have hired may have their leave curtailed (i.e. the expiry date of their visa will be reduced and they will be required to leave the UK within 60 days).
Why should I use AQ Archers to assist with my Sponsor License compliance?
As a London-based immigration firm our team of immigration Solicitors have been highly successful in ensuring that our Sponsor License clients always remain compliant. We have established a robust process which we undertake for clients including routine checks and mock audits. We will visit your premises to make sure that your personnel, systems, and processes are compliant, and that your ongoing compliance visits (which may happen without warning) proceed smoothly.