UK Update: How to Deal with a Home Office Sponsor Licence Compliance Audit

Where a business, employer and/or educational institution has been granted a sponsor licence from the Home Office, there should be an expectation of an immigration sponsor licence compliance visit at some point.

This can relate to any type of sponsor licence for non-UK workers, for example the Skilled Worker, UK Expansion Worker and/or Student visa categories.

The Home Office has the power to make an unannounced visit, though this tends to be sector specific/ intelligence led and in most cases an organisation’s Authorising Officer and Key Contact will be given prior notice. It is expected that the sponsor will co-operate with the Home Office,   and non-compliance can result in your sponsor license being refused or revoked.

Here are our “top 5 tips” to keep in mind if you are subject to a compliance visit or audit.

1. Check that the Authorising Officer and Level 1 User(s) will be available on the date of the sponsor licence compliance visit. Where this will be an issue, there is usually scope to ask the Home Office to rearrange.
2. Discuss matters with your legal representative. They will not usually be informed of the visit unless they are the key contact on the Sponsor Management System. Your legal representative can discuss what to expect at a visit, how to prepare, and they can also be present at the compliance visit to observe and take notes of the proceedings.
3. Review any Home Office requests for documents/ information in advance of the visit and ensure these are sent within the specified timeframes.
4. Ensure all documents and information to demonstrate compliance with your sponsor duties and obligations are readily available on the day of the visit. For example, these might be attendance records, right to study/ work checks, and a history of contact details. The documents can be held electronically, as hardcopies or a combination of both. Where documents/ information are not available on the day, the Home Office will agree a deadline with you to send these after the visit.
5. At the sponsor licence compliance audit, the Home Office will want to review the documents/ information held by you in relation to the sponsorship of migrants. They will also interview the Authorising Officer and sometimes the Level 1 User(s). In addition, the Home Office also has the power to interview sponsored workers and students. When being interviewed, try to relax and keep responses short and succinct. This will help with train of thought but more importantly ensure the Home Office can take down accurate written notes of responses. The audit can be daunting, so having your legal representative present can be reassuring.

After the Home Office has completed the audit, it is sensible to ask for a copy of the notes taken. They will then compile their findings and make a decision. The timeframe can vary from case-to-case but in recent experience the compliance report took around 6 months.

Outcomes can vary from no further action being taken, payment being required for an action plan (which will also mean a further visit in the near future), and in the worst scenario, the sponsor licence(s) being revoked.

If you hold any type of sponsor licence issued by the Home Office we can help advise you on your sponsorship duties and obligations and how to comply. We can also carry out a mock sponsor licence compliance audit with you and your team and prepare a report. It can be useful to carry out regular health checks so that you can be better prepared in the event of an (unannounced) audit from the Home Office.

By Burness Paull LLP, Scotland, a Transatlantic Law International Affiliated Firm.  

For further information or for any assistance please contact ukscotland@transatlanticlaw.com

Disclaimer: Transatlantic Law International Limited is a UK registered limited liability company providing international business and legal solutions through its own resources and the expertise of over 105 affiliated independent law firms in over 95 countries worldwide. This article is for background information only and provided in the context of the applicable law when published and does not constitute legal advice and cannot be relied on as such for any matter. Legal advice may be provided subject to the retention of Transatlantic Law International Limited’s services and its governing terms and conditions of service. Transatlantic Law International Limited, based at 84 Brook Street, London W1K 5EH, United Kingdom, is registered with Companies House, Reg Nr. 361484, with its registered address at 83 Cambridge Street, London SW1V 4PS, United Kingdom.