We have set out below a summary of the main duties and responsibilities that you will have to the Home Office, once you have successfully obtained your Licence to Sponsor.
We have set out below a summary of the main duties and responsibilities that you will have to the Home Office, once you have successfully obtained your Licence to Sponsor.
There are specific documents that you must retain for each sponsored migrant that you employ. We recommend that you refer to Appendix D of the Home Office guidance for Tiers 2 and 5 for full details of these documents and how long you must keep them.
In addition, you must keep the following documents / records and make them available to the Home Office upon request:
You must report certain information or events to the Home Office using the Sponsor Management System (SMS) within certain set time limits:
Within 10 working days:
Within 20 working days:
When requested:
When arises:
You must only assign a where there is a genuine vacancy or role which meets the Tier 2 criteria. A genuine vacancy is one which requires the jobholder to perform specific duties and responsibilities for the job, and meets all the requirements of the tier and category. It should not include dissimilar or lower-skilled duties.
If you assign a CoS and the Home Office do not consider that it is for a genuine vacancy, they have the right to suspend and/or revoke your licence.
You must:
You must know the difference between assigning a ‘restricted’ and ‘unrestricted’ CoS. The Tier 2 Sponsor Guidance provides further detail to assist you with this but should you need any further guidance, please get in touch.
You must not assign:
When you assign a CoS under Tier 2 (General) you guarantee that:
If you want to assign a CoS to a migrant who will be employed as a nurse or midwife, there may be a number of additional duties for you to comply with. If you require further details of these then please let us know.
In order to ensure that you are complying with immigration laws, further to the obligations set out so far, you must also:
When do my sponsor duties start and finish?
Your responsibilities as a sponsor start on the day your licence is granted and end when the licence is surrendered or revoked.
Your responsibilities towards individual migrants start on the day you assign a CoS to them. Your responsibilities will end:
How will the Home Office check that I am complying with my sponsor duties?
The Home Office may visit your premises to carry out checks prior to making a decision on a licence application or during the period of your licence. Checks may seek to verify that information provided is accurate and complete; you are genuine and trading or operating lawfully in the UK; and you are committed to complying with your duties of sponsorship and immigration legislation.
Visits may be unannounced. Checks can also be made by the Home Office by telephone, letter or with other government departments.
What will happen if I do not comply with my sponsor duties?
There are a number of measures in place to ensure sponsors comply with their duties. These include:
The immigration control tools now being used by the UK government which combine high costs, complex application system, salary threshold and exclusion of low skilled worker are having a significant detrimental effect on the business ability of UK based companies to employ EEA staff in the UK.
Whilst the Bill still has to clear the House of Lords, there is a great concern over the impact of the Bill.
Advice for employers carrying out right to work checks has been updated as a result for Covid-19, replacing 18 June 2021 guidance.
One aim of the Innovation Strategy is to generate innovation through new Visa routes - what does this mean for UK businesses?
The new Graduate Visa is now live. The route is available to overseas students who have completed a degree at undergraduate level or above and have a visa as a Student in the UK at the time of application.
How organisations can support their EU national employees with EU Settlement Scheme applications with the ‘grace period’ ending 30 June 2021.
Reminder for employers that 'An employer's guide to right to work checks' has been updated for the end of the grace period on 30 June 2021.
All EU citizens who were not residing in the UK by the end of December 2020 and want to live and work in the UK from 1 January 2021 must apply for a visa as a result of Brexit.
The Home Office have announced that it will end their temporary adjustments to the process of checking an individual’s right to work in the UK on 20 June not 17 May 2021 as initially planned.
The Young Professionals Scheme will make it easier for young Indian citizens and young Britons to access visas.
The Home Office have published a new statement of changes to the Immigration Rules to take effect on 6 April 2021.
Hong Kong’s British National (Overseas) passport holders and their immediate dependants will be able to apply under a bespoke visa route opening from 31 January 2021.
Free movement between the UK and the EU ended on 31 December 2020. Since 1 January 2021, a new points-based immigration system applies to all migrants wanting to come to the UK, whether they are EU citizens or not.
Despite the uncertainty, however, we can help you take some sensible steps now to prepare your workforce for the implications of Brexit.
From 1 January 2021, freedom of movement between the UK and EU will end and the UK will introduce an immigration system that will treat all applicants equally, regardless of where they come from.
On 31 December 2020, free movement of people will cease to operate in the United Kingdom as a new immigration system will be introduced from 1 January 2021 and the government has provided further details of the new system on 13 July 2020.
This month has seen Further Details of the UK’s new Points-Based Immigration System published.
In unprecedented times of self-isolation and social distancing, the Home Office has now published new UK immigration guidance on right to work checks to adjust the rules on manual checking of original documentation and adapt to the new situation.
The UK government has now unveiled its proposed points-based immigration system which will come into operation from 1 January 2021.
To date patients from the EU have been able to benefit from reciprocal healthcare arrangements, including the EHIC, S1, S2 and S3 arrangements, which allow EU and EEA nations to freely access health and social care services in other member nations as if they are resident.
It was announced on 17 June 2019 that the UK Government will start discussions with 5 new advisory groups in preparation for the new skills-based immigration system that will be introduced following the UK’s departure from the European Union.
When dealing with children with care and immigration issues, both the Family Court and the Immigration Tribunal must act in the child’s best interests.
In this update, we review various aspects of a ‘no deal’ Brexit and the Withdrawal Agreement which organisations in the energy sector should know about.
The Home Office recently announced substantial changes to Tier 1 of the PBS.
The Government has announced that the current exemption from the £30,000 minimum salary threshold for Tier 2 (General) sponsored workers in a number of public service professions has been extended.
The Government has recently provided new guidance for EU nationals coming to the UK in the event of a no-deal Brexit.
Many NHS Trusts have been debating the extent to which settlement fees should be paid to employees and family members. For those still engaged in the debate Theresa May’s announcement on 21 January 2019 that the settlement application fee would be scrapped will have been welcome news.
We have set out below a summary of the main duties and responsibilities that you will have to the Home Office, once you have successfully obtained your Licence to Sponsor.
In April 2018 a Right to Work Checking Service was launched to allow individuals to demonstrate their right to work in the UK. Individuals are currently able to review their right to work record online and share a code with their employer to allow them to gain access to the record.
Non-EEA or Swiss nationals must score a specified number of points to come and work, set up business, or study in the UK.
The following is an extract from the current UK Immigration Rules and outlines which activities are permitted whilst in the UK on a business visit for the most common types of visits that we come across.
Section 54 of the Modern Slavery Act 2015 now requires any commercial organisation which supplies goods or services in the UK and has an annual turnover of £36m or more to publish an annual slavery and human trafficking statement.
Introduced in October 2015, the Modern Slavery Act (MSA) is a landmark move toward tackling illegal exploitation within the UK.