Sponsor license holders know the challenge of maintaining UKVI compliance adds to the pressure. The UK Visas and Immigration (UKVI) officer has the authority to visit the premises of the sponsor's permit holder, announced and without prior notice, at any time. The visit may be conducted as part of a Home Office pre-licensing check in the subscribed organisation or track applications for license renewals or reports/notifications.
Level 2 Compliance Visits are conducted by the UK Visa and Immigration Compliance Team for all businesses with a sponsorship license. Immigration compliance and monitoring are conducted for the specific purpose of ensuring that UK employers recruiting overseas workers comply with their sponsorship obligations and obligations and that businesses will not employ illegal workers. A compliance visit is conducted by UKVI prior to granting the sponsorship license. After the sponsor license is issued, this is called a post-authorization compliance visit. Tier 2 compliance visits are conducted periodically and may or may not be announced. This means it is important that sponsor license holders are always available for audits.
One of the most common issues that arise during UKVI compliance audits is related to actual job vacancies. The government wanted to ensure that positions filled by adopted workers could not be filled by settled workers. Companies usually show that they have advertised the placement for at least 28 days and cannot fill the placement in this way. A record of this process must be kept during the audit. Records should also be maintained by anyone applying for the position and why they were not a good fit. This is also known as conducting a resident labour market test (RLMT), an important part of the Level 2 license sponsor compliance visit process. UKVI sponsor management system really helps you get things done easily.
Finally, prepare for compliance audits. This may include reviewing your work log. Being prepared will help ensure that the review goes smoothly and that you remain in compliance with visa requirements. Get the best Home Office compliance software uk to make things efficient and easy.
Regular communication with your employer is important to ensure compliance with Tier-2 visa requirements. This includes informing your employer of your work activities and any changes in your job arrangements. Regular communication will ensure that any issues or concerns are resolved promptly.
Sponsor license holders must maintain an up-to-date record of the sponsored worker's contact details at all times. They must have an attendance record and a system for reporting attendance concerns via SMS to the UKVI. In addition to work permits and contact details, Employers are also required to keep records of each migrant as specified in Appendix D of the Sponsor Guidance (SG). When asked, you provide any documentation relating to your sponsored immigrant or the corporate action that we can consider relevant to assessing the fulfilment of your obligations as an advocate.”
Compliance auditors often interview sponsored employees to ensure they are working in the position for which they are hired. Make sure that these employees work in the positions listed in their CoS and that they understand what their job description is.
Have your immigration lawyer present during the review. This will show that your company is serious about compliance. Immigration solicitors can also ensure UKVI compliance officers act within their jurisdiction. It's also a good practice to keep a record of everything that happens during the visit. You, therefore, have a written record to refer to if UKVI accuses you of non-compliance with your duties and responsibilities. Having an immigration lawyer on hand will help you ensure compliance officers are doing the right thing.
Cooperate willingly with staff and their requests. Have all necessary personnel available during the inspection and encourage them to cooperate with all reasonable requests. Failure to cooperate with a compliance officer may result in your sponsor's license being suspended or even revoked.
Maintaining compliance is the responsibility of the entire company. UKVI is looking for a system that supports this. Ensure that your key personnel are fully trained and understand the importance of their position and duties.
Proper record-keeping is required for sponsor license holders. Make sure all your records are current and easily accessible.
During this time, you can review all aspects of your compliance and ensure that relevant personnel are prepared for actual compliance checks. Knowing that your HR policies and procedures are in order can save a lot of stress if you undergo an unannounced compliance audit. Once you have a good system maintaining compliance becomes manageable and part of your company's standard operations. Being prepared for compliance audits and knowing that your sponsor's and sponsored employee's licenses are secure is truly worth the gold.
As a sponsor license holder, there are several steps you can take to ensure that you are ready for the compliance visit at all times. Regularly review your processes and compliance – We recommend periodically checking that your support processes are up-to-date and that your employees are following them properly. Ensure your records and documents are up to date – including your workers' contact details, current immigration status and right to work. There is a checklist for sponsorship compliance tasks for each sponsored worker. Prepare sponsored employee records to make it easier to find immigration information. This will make it easier to find information when requested by a UKVI Compliance Officer. How you do this depends on whether you use a paper or electronic system for HR record keeping. If you use a paper HR system, you may consider having a dedicated folder for each sponsored employee with a section for immigration records only, including: Sponsorship Certificate Copy of Passport/BRP/Visa Salary, Roles and Skills absence from school their contact information and address Any changes reported to UKVI Put in place a calendar/reminder system to ensure that audits (e.g. work eligibility and immigration checks) are carried out when necessary, for example, a reminder to speak with workers before their visa expires to discuss plans and requirements for leaving the country or extending a visa.
It is important to ensure you are fully prepared for the UKVI to visit if you are lucky enough to receive a visit notice. Make sure you conduct an internal review of your HR policies and procedures. It is good practice for all sponsor license holders to have an external audit conducted by an immigration attorney every six months to ensure compliance with their HR system.