In this post, we will look at the responsibilities assigned to employers and licensed sponsoring organizations to support employees under the UK Work and Temporary Immigration System lines. We have also compiled an Employee Sponsor Checklist on how employees and temporary workers can perform their sponsorship duties. Know more about immigration spouse visa, by reading our blogs regularly.
Sponsor Licensing Duties and Responsibilities
A licensed sponsor is supposed to perform the following duties:
Reporting Services – Sponsor Licensees must notify the Home Office of specific information or events by SMS within a specified period;
Retrieval work – Sponsors must keep specific records of each employee they sponsor; under Immigration Law and all parts of the Employee and Temporary Assistance Grant
Guide – Sponsors must comply with all aspects of UK immigration laws and the Employee and Temporary Employee Grant Guide;
UK-wide compliance – Sponsor licenses are responsible for compliance with UK-wide law (excluding immigration law);
It is the responsibility of all licensees to avoid engaging in unfair practices or activities for the benefit of the community – in a way that does not cause much harm to the society and in accordance with important values. Contact Total law to start with your remain to leave visa process.
How to Follow Client Licensing Procedures
1. When do your support activities start and end?
Your responsibility to carry out the activities of the Licensed Sponsor begins on the date you are granted the License and continues until your license is issued, whether revoked or un-revoked. Your liability to each employee begins on the day the certificate of the grant is issued and ends immediately on any of the following events (and if an incident is reported):
- The employee is from the UK and his entry permit has expired or is about to expire;
- The employee’s application for login or permission has been denied or withdrawn and the right of any administrative review or appeal has expired;
- The employee is granted entry access or a work permit for another client;
- The employee is granted a residence permit in a way that does not require further assistance;
- You notified the Home Office that you no longer support a foreign worker.
2. Make Sure You Know Your Reporting Responsibilities
You are responsible for reporting specific incidents within 10 working days using the Online Customer Management System (‘SMS’). This includes:
- If the sponsored employee fails to report at work;
- If the sponsored employee remains absent for more than 10 consecutive days without permission;
- If the sponsored employee is unable to work for you;
- significant changes in the workplace;
- If there is a change in the size of the company or the place of supply;
- An employee works for one employer and for one employer but for different sponsors;
- When employment is affected by TUPE or similar protection.
In some cases, you must report within 20 working days. This includes:
- If the name of the company changes;
- In the event that the company is sold whole or in part, if the company ceases business;
- If the business is taken over;
3. Check Your Record Keeping
As a foreign worker sponsor, one of your responsibilities is to keep track of each employment. Appendix D contains information about the number of documents and how long you will keep them. You will also need to include the documents you provided to support your sponsorship license application.
It is advised that you keep a separate record of the contact information for each sponsored employee and that you confirm that the right to work test is completed appropriately.
4. Don’t ignore immigration laws and other UK laws
Sponsors should choose workers that are eligible, legal and fit for the job. You should not provide CoS where there is no actual location. You must keep the necessary documents showing that employees are in compliance with the job requirements and are monitoring the stay status of each hired worker to prevent any illegal work. Remember UK employment law and make sure minimum wage is paid. It is critical to remember as a sponsor that one of your responsibilities is to abstain from unethical activity. The Home Office may execute a compliance visit on a sponsor at any time, for any reason whatsoever. A sponsor’s compliance will be examined by the Home Office as well as the legitimacy of any sponsored workers’ employment and whether or not the organization’s leaders pose a real threat to public safety. Contact total law for more information regarding sponsor duties.