Obtaining a sponsor licence under UK immigration law is a significant step for companies looking to hire non-UK workers. However, with this privilege comes a set of responsibilities that must be upheld in order to maintain the sponsor licence. In this article, we will outline the top 10 sponsor duties that companies must adhere to in order to comply with UK immigration law. From maintaining accurate records to reporting changes in circumstances, these responsibilities are essential for maintaining a valid sponsor licence and avoiding potential penalties. It's important for companies to understand and comply with these duties in order to ensure that they can continue to hire non-UK workers and benefit from the talent they bring to the organisation.
Comply with the immigration rules and any additional sponsor requirements. As a sponsor, you are responsible for ensuring that you and your sponsored workers comply with all relevant immigration rules and requirements. This includes, for example, making sure that sponsored workers have the right visa and documentation, and that they meet the criteria for their visa category. You should also be aware of any additional requirements that apply to your sponsorship, such as the need to register as a licensed sponsor or to meet certain English language requirements.
Inform UK Visas and Immigration (UKVI) of any changes to the sponsored worker's employment or personal circumstances. As a sponsor, you are required to inform UKVI of any changes to the sponsored worker's employment or personal circumstances that could affect their immigration status. This includes, for example, changes to their job title, salary, or working hours. You should also inform UKVI if the sponsored worker moves address or changes their name.
Keep accurate and up-to-date records of the sponsored worker, including their contact details and the terms of their employment. As a sponsor, you are required to keep accurate and up-to-date records of the sponsored worker, including their contact details and the terms of their employment. This includes, for example, their job title, salary, working hours, and any benefits they receive. You should also keep copies of the sponsored worker's documents, such as their passport and visa.
Prevent illegal working by ensuring that the sponsored worker is allowed to work in the UK and has the right documents to do so. As a sponsor, you are responsible for ensuring that the sponsored worker is allowed to work in the UK and has the right documents to do so. This includes checking their visa and work permit, and making sure that they have the right to work in the UK for the duration of their employment. You should also be aware of any restrictions on the sponsored worker's ability to work, such as the need to obtain permission from UKVI before taking up certain types of work.
Report any failure by the sponsored worker to comply with their visa conditions. As a sponsor, you are required to report any failure by the sponsored worker to comply with their visa conditions. This includes, for example, if the sponsored worker fails to attend work or meets their job duties, or if they engage in any activities that are not allowed under their visa.
Notify UKVI if the sponsored worker's employment ends or if they will be absent from work for more than 10 working days. As a sponsor, you are required to notify UKVI if the sponsored worker's employment ends or if they will be absent from work for more than 10 working days. This includes, for example, if the sponsored worker resigns, is dismissed, or goes on extended leave.
Ensure that the sponsored worker is paid at least the minimum salary specified in their Certificate of Sponsorship. As a sponsor, you are responsible for ensuring that the sponsored worker is paid at least the minimum salary specified in their Certificate of Sponsorship. This includes paying the sponsored worker the agreed salary on time and in full, and providing any additional benefits or perks that have been agreed.
Report any significant changes in your own status within 20 working days. As a sponsor, you must report any significant changes in your own circumstances within 20 working days, for example if you: stop trading or become insolvent; substantially change the nature of your business; are involved in a merger or take-over. You must also tell UKVI if you’re changing your details, like your address or allocated roles.
Keep copies of the sponsored worker's documents, including their passport and visa. As a sponsor, you are required to keep copies of the sponsored worker's documents, including their passport and visa. This includes keeping copies of the original documents, as well as any updates or renewals that are made. You should also keep copies of any other documents that are relevant to the sponsored worker's immigration status, such as their Certificate of Sponsorship or work permit.
Cooperate with any UKVI inspections or audits of your sponsorship duties. As a sponsor, you are required to cooperate with any UKVI inspections or audits of your sponsorship duties. This includes, for example, allowing UKVI to inspect your records and documents, and providing any additional information or documentation that is requested. You should also be prepared to take any corrective actions that are necessary to address any issues or non-compliance identified during the inspection or audit.
In conclusion, understanding and complying with the top 10 sponsor duties outlined in this article is crucial for companies looking to maintain a valid sponsor licence under UK immigration law. From maintaining accurate records to reporting changes in circumstances, these responsibilities must be upheld in order to avoid potential penalties. However, navigating the legal requirements of sponsor licences can be a complex and challenging task, and it is always recommended to seek professional advice from solicitors who are experts in UK immigration law to ensure that your company is fully compliant. Our team of experienced solicitors are here to assist you and provide the guidance you need to navigate the UK immigration system, allowing you to focus on your business and the people you want to hire, we can help you with all aspects of the process, please don't hesitate to contact us.
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