Sponsor licence legal advice

Whether a first application, adding a category to an existing Licence, as part of a wider recruitment strategy, or as part of a reapplication process, we understand how administratively burdensome sponsor licences can be.

We prepare applications which minimise risks and maximise your time and keep you up-to-date with the frequent changes to Immigration Rules as well as processing trends and best practice to ensure you are supported proactively and complimentarily to your team.

Our success rate shows our approach works. We understand your business and get it right, first time.

Our expertise and experience

Each type of Sponsor Licence has its own criteria which must be met. Evidential requirements particular to each category also apply, as well as restrictions on submission.

We advise and assist clients on issues including :-

• Licence application assistance - we guide you through the entire application process, ensuring your application is complete, accurate, and meets all Home Office requirements.

• Compliance and audits - We proactively support our clients from the outset to properly understand their legal duties, ensuring robust processes are in place. Preserving the Sponsor Licence is of paramount importance. We believe that Sponsor Licence holders should be ‘audit ready’ at all times. We regularly give training and conduct tailored mock audits, particularly in high-risk sectors.

• Management of sponsored workers - We support small to large sponsors with assessing eligibility of roles and individuals to be sponsored, advising on the most appropriate category for sponsorship, or alternative work visa drafting Certificates of Sponsorship, including requesting allocations from the Home Office, preparing applications for the sponsored worker and any dependants, managing renewals and liaising directly with your employees on your behalf.

Compliance

From the moment a Sponsor Licence application is submitted, the applicant Sponsor will be subject to additional compliance duties. These include:

• Right to Work checks (applicable to all UK employers but more heavily scrutinised once a Sponsor Licence holder)

• Monitoring and tracking sponsored workers

• Ensuring Certificates of Sponsorship are accurately prepared

• Maintaining records

• Understanding the implications of corporate changes on the Sponsor Licence itself (hint: some changes invalidate the Licence!)

Failure to adhere to these compliance duties can have serious consequences including suspension or revocation of the Sponsor Licence, potentially resulting in sponsored workers’ visas being terminated. For businesses which rely on the staff being sponsored, this can affect business continuity as well as being time-consuming and costly to address at failure stress-points.

Home Office Compliance Checks and Audits

We have the experience and knowledge to advise and assist you and/or your staff with compliance checks, audits and enforcement actions by the Home Office.

The Home Office (UK Visas & Immigration “UKVI”) conducts regular compliance checks on all Sponsor Licence holders. These can be remote checks (i.e. ‘desktop’) or through direct engagement with the Sponsor either remotely or in person. Compliance checks can include:

• Monitoring PAYE data via HMRC

• Regular checks of Companies House records and information held within other Government departments, public bodies or regulators

• Requests for evidence of Right to Work checks or other documentation

• Verification of any information or documentation provided or identified

• Remote interviews with the Authorising Officer of the Sponsor Licence

• Visits to your premises or sites listed on the Sponsor Licence (these can be notified to you in advance or unannounced arrival of Home Office staff)

• Interviews with sponsored workers

Corporate transactions and internal changes

Whether you are restructuring group entities for tax efficiencies, expanding into new regions or splitting business divisions, opening new offices or sites, buying out other shareholders, bringing in investors or acquiring other businesses, this can have implications and reporting of business changes is nearly always required with a Sponsor Licence. Examples include :

• In some instances, such as a change of owner, the Sponsor Licence may be invalidated and need to be replaced to preserve the visas of sponsored workers

• Due diligence may be needed to identify risk in a transaction and ensure the buyer is aware of their obligations for workers

• Pre-deal mock audits may be requested by buyers of high-risk sector businesses, such as care homes, hospitality or retail businesses. After all, compliance breaches transfer with the sale and have strict liability

• Post-transaction actions may be required in order to maintain compliance and avoid risks to employee visas

• Re-establishing Right to Work check statutory excuse(s) may need to be managed carefully

Contact us

If you are considering employing skilled workers from overseas, contact our team. We will assess your needs and provide expert, cost effective legal advice on obtaining and maintaining your Sponsor Licence.