Sponsor licence holders are entrusted with a duty to maintain effective immigration control hence why this area is strictly monitored by UKVI. One of the important requirements to successfully apply for and maintain a sponsorship licence is to have adequate HR systems in place. These are to monitor, update and if necessary report ‘relevant activity’ to the UKVI.
The advantage of having HR systems is to allow you to monitor each employees’ immigration status [right to work in the UK]. It is also to store and maintain relevant employee information and documents, which is now required by law, for employers to have a statutory excuse against employing illegal workers.
Compliance checks have become more common and may be carried out by UKVI on the basis of any reasonable suspicion that you have breached your sponsor duties. Following such inspection, UKVI may decide that you are not considered suitable to hold a licence.
During the inspection, UKVI may carry out the following checks:
- ask you for additional documents or information
- verify documents and information you have provided
- consider any other information or evidence that comes to light – for example, during the course of considering applications from your sponsored workers or through allegations from members of the public
- make regular checks with HMRC to ensure you are paying your workers appropriately
The purpose of these checks is to make sure:
- the information you have given is accurate and complete
- you are able to offer genuine employment
- you are genuine and trading or operating lawfully in the UK
