A Sponsor Licence in the UK immigration system is more than just permission to hire skilled workers from overseas. It’s a commitment. Licence holders take on the responsibility to follow all immigration rules, sponsor guidance, and relevant UK laws. This is an ongoing process throughout the validity of the licence.
Holding a Sponsor Licence comes with specific responsibilities you must follow to stay compliant. Let’s break down the key duties involved:

Record-Keeping:
This is a crucial aspect of sponsor compliance. You need to maintain a comprehensive record for each sponsored worker, including:

• Right to Work Checks: Proof that you conducted a right to work check (refer to separate guidance for details).
• Worker Entry Details: Record the sponsored worker’s date of entry into the UK.
• National Insurance Number: Keep a copy of the worker’s National Insurance (NI) number.
• Contact Information: Maintain up-to-date contact details for the sponsored worker.
• DBS Checks (if applicable): If required for the specific route, retain a copy of the Disclosure and Barring Service (DBS) check report.
• Absence Records: Track and document the sponsored worker’s absences.
• Route-Specific Documents: Depending on the sponsorship route, additional documentation might be necessary.

Recruitment Evidence
Another key aspect of record-keeping for sponsored workers involves recruitment. Here’s what you need to demonstrate, depending on whether a formal Resident Labour Market Test (RLMT) is required:

If a Formal RLMT is Required:

• Job Advertisement: Keep a copy of the job advertisement posted as per the RLMT guidelines.
• Recruitment Process Documentation: Maintain records of the recruitment process, including details of applicants’ CVs and interview notes. This helps show you genuinely explored the resident labor market.

If a Formal RLMT is Not Required:

• Finding the Sponsored Worker: Document how you identified the sponsored worker for the position. This could include details of recruitment agencies used, professional networks engaged with, or internal talent pool exploration.
• Justification for Suitability: Provide evidence that demonstrates why the sponsored worker is the most suitable candidate for the role. This might involve highlighting specific skills, qualifications, or experience they possess that meet the job requirements

Salary

• Payslips: Maintain copies of the sponsored worker’s payslips for the entire sponsorship period.
• Proof of Payment: Demonstrate that each salary payment is transferred directly into the worker’s bank account (cash payments are not allowed). Evidence can include bank transfer confirmations or similar documentation.
• Identifiable Payments: Ensure each salary payment is clearly identifiable to the specific sponsored worker (no lump sum payments for multiple workers).
• Employment Contract: Keep a copy of the employment contract outlining all particulars of employment, including salary details.

Skill Level

• Job Description: Create a detailed and specific job description outlining the duties and responsibilities of the sponsored position.
• Qualifications: Maintain copies of any qualifications, registrations, or accreditations required for the specific role.
• Route-Specific Qualifications: Depending on the sponsorship route, additional qualifications might be necessary. Keep copies of those as well.

Reporting Your Responsibilities
Being a Sponsor Licence holder involves keeping the Home Office informed about specific events. Here’s what you need to report and the timeframe for doing so:

Sponsored Worker Activities (Report within 10 working days):

• Delayed Start Date: If a sponsored worker doesn’t start on their first day as planned, report the delay promptly.
• Unauthorized Absence: Report any unauthorized absence exceeding 10 working days.
• Changes to Employment Details: Certain changes require reporting, including:
  
  1. Changes in duties (as long as the occupation code remains the same)
  2. Salary adjustments
  3. Relocation to a different work location
  4. Updates to the sponsored worker’s contact details
• Sponsorship Termination: Report the termination of a sponsored worker’s employment as soon as it happens.

Business Changes (Report within 20 working days, except for immediate requests):

• Authorising Officer (AO) or Key Contact Changes: Any changes to the Authorising Officer (AO) or key sponsor contact should be reported immediately.
• Organisational Details: Report significant changes to your organisation’s details, including:
  
  1. Company structure or nature of business
  2. Changes in branches or sites
  3. Significant changes in company size
• Ownership or Insolvency: Report any changes in ownership or insolvency events promptly.

How to Report:
All reports and requests for updates should be submitted electronically through the Sponsorship Management System (SMS). It’s crucial for Level 1 and Level 2 users to be familiar and competent in using the SMS for effective compliance.

Please contact our UK immigration lawyers for help and advice, please to us at contact@aaraflawyers.com and one of our UK immigration lawyer shall call you back. Alternatively you can call us on 0203 442 0292 .