Businesses who wish to recruit or employ someone to work for them from outside of the UK will require a sponsor licence. Sponsoring a worker ensures that the individual has the necessary rights to carry out their role. Whilst the benefits of being a sponsor licence holder are clear, there are also potentially significant compliance considerations to be aware of.

Even employers who are legitimate visa sponsors can fall victim to standard audits, and even raids in more extreme circumstances, by UK Visas and Immigration (UKVI) officers – something which is increasing.

To get a licence as an employer, you cannot have:

  • unspent criminal convictions for immigration offences or certain other crimes, such as fraud or money laundering
  • had a sponsor licence revoked in the last 12 months.

Additionally, you will need appropriate systems in place to monitor sponsored workers, and people to manage sponsorship in your business. UKVI will review your application form and supporting documents and may also visit your business to make sure you are trustworthy and capable of carrying out your duties. Therefore, it is essential that you have completed all the necessary requirements.

Broadly speaking, there are two different types of licence and you can apply for one or both depending on the types of workers you employ.

The licence you need depends on whether the workers you want to fill your jobs are:

  • ‘Workers’ – for skilled or long-term employment
  • ‘Temporary workers’ – for specific types of temporary employment.

What can you do if you have been subject to an immigration raid?

Despite having all the necessary visas in check, any business can be subject to an audit, even those carrying out business in sectors that may be viewed as ‘lower risk’, such as charities. In industries such as hospitality, section 179 of the 2003 Licensing Act specifically enables immigration officers to enter premises licensed for alcohol sales, such as pubs and restaurants, to conduct illegal working checks.

To minimise the risk of a UKVI audit leading to enforcement action, which can include penalties under the illegal working legislation and the revocation of the sponsor licence, employers should:

  • Review their sponsor licence to ensure that all the details regarding the business and key people who will operate the licence are up to date. Any changes should be reported to UKVI via the Sponsor Management System (SMS).
  • Check that the sponsorship of any workers under the licence is compliant by ensuring that relevant reports are made during the employment and that once an employee has left or switched into a different visa category, sponsorship is terminated.
  • Have a detailed plan in place explaining how staff should deal with a planned or unplanned visit from UKVI.
  • Test these procedures, for example by instructing an external law firm to conduct a ‘mock audit’.

If your business holds a sponsor licence, or you are considering applying for one, and you have concerns about an immigration matter, please contact Nichola Carter. Nichola is also experienced in conducting a ‘mock audit’ and can help prepare for a planned or unplanned visit from UKVI.