The purpose of Sponsor Compliance Visits

The purpose of a compliance visit is to check the organization has the appropriate HR and recruitment systems and processes in place to effectively monitor a migrant workforce, and to ensure that the organization is fulfilling its legal obligations as an employer.

Before making a decision for a sponsor license application, the Home Hoffice may conduct an onsite visit. The business may be checked during a visit:

• The business is genuinely trading or operating lawfully in the UK
• There is a genuine need for a sponsor license
• The information you provided in your application is accurate and complete
• You are able to offer skilled worker migrants at the appropriate skill and payment level
• You are committed to and compliant with all the duties of sponsorship

Employers who have already obtained a sponsor license should anticipate a visit from compliance officers at some point. Officers will focus on the following areas during an audit:

• Your current employee’s right-to-work documents are valid
• The number of migrants sponsored will be proportionate to the size and nature of the business
• You have an adequate system in place to carry out your sponsorship duties
• The migrant is complying with the conditions of their leave to remain in the UK
• You are not a threat to immigration control
• Anything else the office feels needs further investigation

The Home office staff may request an interview with a Sponsor during their visit. They might request to interview a migrant during their visit. The purpose of the interview is to assess whether the migrant is working and paid in accordance with their leave.

Will all sponsor compliance visits be announced?

The Home Office may conduct immediate, unannounced visits and inspections. This could include checks at any location where your sponsored employees perform or would perform employment duties.

Sometimes visits will be unscheduled or unannounced in advance and you must allow Home Office staff to enter and access any premises or sites under your control on demand. Refusal to provide access may result in your sponsor license being refused or revoked.

What happens after a compliance visit?

For the pre-license audit, the Home Office will use the information gathered during their visit to decide on your application. If your application is approved, you will receive an "A-rating," which indicates that the Home Office is satisfied that you can fulfill your sponsor duties.

If you receive a compliance visit after your application has been approved, the Officer will complete a visit report and provide a recommendation to the case working team. Your overall grade will be determined; you will receive either an A or a B. You will be notified regarding the outcome of the Home Office visit.

If you have been downgraded to a B rating, you will be required to follow an action plan and pay a fee to upgrade your license. You must improve your performance within 3 months. If you fail to pay the fee or take action following a B rating, your license will be revoked. Your sponsor license may also be revoked or suspended if there is a significant breach of your sponsorship duties. This could also occur if the Home Office believes you pose a threat to immigration control.

Maintaining your sponsorship compliance is essential to retaining your license and ensuring the migrant workers' permission is not jeopardized.

Even if you have held a sponsor license for a while, random audits can occur at any time; therefore, it is advisable to regularly assess your internal systems and processes to ensure ongoing compliance.