Navigating Sponsor Licence Compliance
In recent years, the United Kingdom has seen a significant rise in the demand for care services, driven by an aging population and increasing healthcare needs. As a result, care organisations across the country have become pivotal in providing essential support to vulnerable individuals. However, whilst fulfilling this crucial role, these organisations must also navigate complex immigration laws to ensure compliance with the Home Office’s guidance on sponsor licence obligations.
Understanding Sponsor Licences
A skilled worker sponsor licence is a prerequisite for any organisation that wishes to employ migrant workers (from outside the European Economic Area (EEA) and Switzerland) who are on skilled worker visas, by way of a certificate of sponsorship. Since the social care industry is increasingly reliant on migrant workers to plug a vital labour gap, many care organisations find themselves needing to obtain a sponsor licence. However, the Home office has been conducting more compliance visits with care sponsors and the government has been targeting skilled workers in a bid to reduce net immigration figures. Therefore, the prospect of obtaining and maintaining a sponsor licence through Home Office compliance can seem a daunting task.
Sponsor Duties
One of the primary challenges faced by care organisations is the need to adhere to specific requirements outlined in the Home Office guidance. These requirements include conducting right to work checks, maintaining accurate records of sponsored employees, complying with general UK immigration law and employment law and reporting any changes or breaches promptly.
Right to Work Checks
Right to work checks form a crucial aspect of sponsor licence compliance for care organisations. Employers are required to verify the immigration status of all prospective employees to ensure they have the legal right to work in the UK. This involves scrutinising relevant documents, such as passports and visas, and retaining copies as evidence of compliance. Additionally, care organisations must stay vigilant to ensure that employees’ immigration statuses remain valid throughout their employment.
Record Keeping
Furthermore, maintaining accurate records of sponsored employees is paramount. Care organisations must keep detailed records of their sponsored workers, including their personal information, immigration status, and employment history. Regular audits should be conducted to ensure the accuracy and completeness of these records, as any discrepancies or omissions could result in compliance breaches.
UK Immigration Law & Employment Law
Employers must ensure that the salary they pay their migrant workers is in line with the minimum salary required by the Immigration Rules. Furthermore, employers must not recoup the Immigration Skills Charge from their employees. The salary, working hours and duties within an employee’s job description must match the details given on the Certificate of Sponsorship. The importance of this is exemplified in the case of, Prestwick Care Ltd & Ors V Secretary of State for the Home Department [2023] EWHC 3193 (Admin), whereby the Home Office revoked Prestwick Care’s sponsor licence due to the fact that the employee in question had 8 duties listed within the job description on her Certificate of Sponsorship, however in practice she only performed 6 of those duties. Whilst this disparity is seemingly miniscule, it is a clear breach that amounts to mandatory revocation, according to Home Office policy guidance.
Reporting Requirements
Care organisations must adhere to reporting requirements stipulated by the Home Office. This includes notifying the authorities of any significant changes to sponsored employees’ circumstances, such as changes in job roles, salary, or working hours.
Additionally, any instances of non-compliance or suspected breaches must be reported and the failure to do so may invoke severe consequences such a fines, potential licence revocation and even criminal proesecution.
Sponsorship is a privilege, not a right
By way of C1.3 of the Home Office’s guiding principles, it is clear that sponsorship is not a fundamental right, but a privilege that organisations are entrusted with. Therefore, it is the responsibility of the organisation to ensure that they act in good faith and are complying with the duties that having a licence requires.
How Barar & Associates can help
To navigate these complexities effectively, it is important that care organisations seek the assistance of corporate immigration law firms specialising in sponsor licence compliance. These legal experts provide invaluable guidance and support, helping organisations understand their obligations and implement robust systems to ensure ongoing compliance.
Moreover, proactive engagement with legal experts can mitigate the risk of compliance breaches and safeguard the reputation and operations of care organisations. By staying abreast of changes in immigration laws and Home Office guidance, legal professionals can help care organisations adapt their practices and policies accordingly, ensuring continued adherence to sponsor licence requirements.
Our friendly team of immigration lawyers at Barar & Associates can assist you with the process of obtaining your sponsor licence, and or ensuring that your compliance is watertight. One of the ways in which we ensure our clients comply with their duties is through our HR training sessions.
What does Sponsor Licence Suspension mean?
Sponsor licence suspension is a temporary decision made by the Home Office and following UKVI enquiries the licence may be reinstated, downgraded, or revoked.
Employer
During the suspension period, the business would be removed from the Public Register of Sponsors and would not be able to sponsor any new migrant workers. In the event of your licence being suspended, you would need to obtain legal advice as soon as possible, since you will have 20 working days to respond. At Barar & Associates we understand that having your sponsor licence suspended can disrupt business and be a very distressful time for both employers and skilled migrant workers. We are equipped to offer effective legal advice post-suspension.
Employee
Any current sponsored migrant workers would not be immediately affected by a suspension, as they can continue to work within that role. However, it must be duly noted that during the suspension period, they would not be able to extend their skilled worker visa.
What does Sponsor Licence Revocation mean?
Sponsor licence revocation is a permanent decision made by the Home Office.
Employer
As an employer, you would no longer be able sponsor any migrant workers.
Employee
If you are a skilled migrant worker, who was sponsored by a care organisation that has had their sponsor licence revoked, your certificate of sponsorship would subsequently be cancelled. Which means that your visa would be limited to 60 days (or however long you have left on the visa if it’s less than 60 days). So, it is paramount that you make a new visa application within that time, otherwise you would be expected to leave your job and the UK. Barar & Associates can assist with the completion of a new visa application.
Conclusion
Compliance with Sponsor Licence obligations is paramount for care organisations employing migrant workers in the UK. By understanding the requirements outlined in the Home Office’s guidance, implementing robust systems, and seeking support from experienced legal professionals, care organisations can navigate the complexities of immigration laws effectively. By prioritising compliance, care organisations can continue to fulfil their vital role in providing essential care services to communities across the country while safeguarding their interests and reputation.
