Sponsor guidance: sponsor licence compliance

Building on our previous updates for sponsors, this guide outlines key compliance duties for employers who hold, or are considering applying for, a sponsor licence. It covers your responsibilities, reporting requirements, and how to avoid common pitfalls.

Key Compliance Duties

Record-keeping

Employers must conduct right to work checks in line with Home Office guidance. These checks are mandatory, and you must retain specific documents for each sponsored worker, either in paper or electronic format.

Appendix D of the Immigration Rules provides details on which documents to keep and retention periods. You must be able to provide these documents to the Home Office upon request.

Right to work checks

• Before employment: Always complete a compliant right to work check before employment begins.
• Follow up checks:
  • For employees with unrestricted right to work (e.g., British or holding indefinite leave to remain), only one check is needed.
  • For those with time limited immigration permission, follow-up checks are required.

Immigration law compliance

Sponsors must adhere to UK immigration laws and Home Office sponsor guidance, including:

• Employing only those who are qualified, registered, or experienced for the role.
• Retaining evidence of qualifications, registrations, or references.
• Not employing or continuing to employ individuals who lack the right experience, qualifications, or immigration status.
• Assigning a Certificate of Sponsorship (CoS) only for genuine vacancies and eligible roles.
• Ensuring sponsored workers only perform permitted duties.
• Preventing SMS users from assigning a CoS to themselves or close relatives.
• Assigning a CoS only if you believe the worker will meet immigration requirements and comply with their visa conditions.
• Fulfilling Academic Technology Approval Scheme (ATAS) responsibilities, where relevant.

Reporting duties

You must report certain changes via the Sponsorship Management System (SMS) within specified timeframes:

• Changes to sponsored workers:
  Report within 10 working days. This includes non-starters, changes in work location, job or salary changes, unauthorised absences, or if you stop sponsoring a worker.
• Changes to your organisation:
  Report within 20 working days. This covers changes to your organisation’s name, branches, address, contact details, or key personnel.

Sponsors are required to monitor sponsored worker circumstances and promptly notify the Home Office of relevant changes.

Cooperation with the Home Office

You must cooperate fully with UK Visas and Immigration (UKVI), granting access to your premises as required.

The Home Office may conduct arranged or unannounced compliance visits, during which officials may:

• Request additional documents or information.
• Verify submitted information.
• Interview sponsored workers.
• Liaise with other government bodies.

Risks of Non-Compliance

Failure to comply can result in serious consequences, including:

• Reduction or removal of your CoS allocation.
• Downgrading, suspension, or revocation of your sponsor licence.
• Cancellation of sponsored workers’ permission.
• Referral to law enforcement if criminal or civil offences are suspected.

For further details, refer to Home Office  Sponsor guidance Part 3 – compliance.

How we can help

We offer comprehensive support to help your business remain compliant, including:

• Consultations
• Sponsor licence reviews
• Compliance assistance
• Training for key personnel and managers of sponsored workers
• Mock audits

FAQs

❓What are my main compliance duties as a sponsor?

You must:

• Conduct and document right to work checks.
• Keep records as specified by the Home Office.
• Report certain changes about your workers or organisation.
• Cooperate with Home Office inspections.

❓What documents do I need to keep for sponsored workers?

You must retain documents listed in Appendix D of the Immigration Rules, such as right to work evidence, copies of qualifications, and employment contracts. These can be stored electronically or in paper form.

❓How often do I need to check an employee’s right to work?

• For British/Irish workers, those with indefinite leave to remain or with no restrictions or time limits: check once before employment.
• For workers with limited permission: check before employment and again before their permission expires.

❓What changes must I report to the Home Office?

You must report:

• Changes to a sponsored worker’s job, location, or salary.
• If a worker does not start, is absent without permission, or leaves your employment.
• Changes to your organisation’s details or key personnel.

❓How quickly do I need to report changes?

• Changes to workers: within 10 working days.
• Changes to your organisation: within 20 working days.

❓What happens during a Home Office compliance visit?

Officials may:

• Inspect your premises (often unannounced).
• Review your records and documents.
• Interview sponsored workers.
• Check your compliance with sponsor duties.

❓What are the risks if I don’t comply?

Non-compliance can result in:

• Downgrading, suspension, or revocation of your licence.
• Reduction or removal of your Certificate of Sponsorship (CoS) allocation.
• Civil or criminal penalties.
• Cancellation of sponsored workers’ visas.

❓How can I prepare for a compliance visit?

• Ensure all records are up to date and accessible.
• Train key staff on compliance duties.
• Engage us to assist with internal audits or mock inspections.

❓Where can I find more information?

Refer to the Home Office Sponsor Guidance or get in touch with us for tailored advice.