05 Jun 2017

Tier 2 Sponsors – are you ready for a Home Office compliance visit?

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Are you aware that the Home Office is permitted to conduct unannounced compliance visits? It can use these visits to check if you are aware of and comply with your sponsor duties and if you have sufficient means of tracking Migrant activity.

As a Tier 2 sponsor licence holder, you are required to fulfil your sponsor duties, which comprise:

  • Compliance
  • Reporting duties
  • Record keeping

The lists of reporting duties and documents you must keep on file for your sponsored Migrants have been altered and the Home Office can (and does) update these lists at any time. Therefore Sponsors must ensure that they are compliant at all times and carry out their duties in accordance with these updates.

Here are five Reporting Duties that we find Tier 2 Sponsor Licence holders often do not know:

  1. A promotion or change in job title or core duties (under the same SOC code) of a sponsored Migrant must be reported within 10 working days. If the new job role falls under a different SOC code, this is deemed to be a change of employment and a new CoS is required.
  2. Level 1 users must log into the sponsorship management system at least monthly.
  3. Changes to a sponsored Migrant’s salary must be reported via the sponsorship. management system.
  4. Key Personnel: If the Authorising Officer leaves your organisation, you must submit a request to replace them. Level 1 and Level 2 users must also be removed if they leave the organisation.
  5. A change in your office address must be reported within 10 working days.

Failure to comply

A licence can be downgraded to ‘B Rating’, suspended or in extreme circumstances, it can even be revoked for non-compliance.

Should a licence be revoked, all Migrants visas will be curtailed and their employment must terminate immediately.

How we can help

To prepare you for a compliance visit, we can conduct a mock compliance visit at your offices (with or without warning to your staff). In addition we can provide training to your Key Personnel on recent Home Office changes and provide full guidance on your sponsor duties.

We can also assist with Tier 2 licence renewals, Resident Labour Market tests, Certificate of Sponsorship (CoS) increase and renewal requests and Tier 2 (General) and Tier 2 (ICT) visa applications and any other immigration related enquiries.

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KEY CONTACT

Anne Pritam

Anne Pritam
Partner

T:  +44 20 7809 2925 M:  +44 7946 647 238 Email Anne | Vcard Office:  London

Kimia Sepahzad

Kimia Sepahzad
Consultant

T:  +44 20 7809 2165 M:  +44 7881 314 022 Email Kimia | Vcard Office:  London