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Introduction
Once a sponsor licence is issued, organisations have a number of duties that they must adhere to. These include reporting, record-keeping, complying with immigration laws and sponsorship guidance. Failure to comply can lead to suspension or revocation of your sponsor licence which will prove costly and time-consuming to rectify.
Latitude Law has a team of experienced business immigration lawyers who can provide advice to sponsors to ensure full compliance with their sponsorship duties.
To speak to a solicitor for expert legal advice on sponsor licence management and your compliance obligations, call us now on 0300 131 6767 or complete our enquiry form and we will get straight back to you.
What are the responsibilities of a sponsor licence holder?
Reporting duties include informing the Home Office (UKVI) if:
A sponsored worker/student does not turn up for the first day of work/study
A sponsored worker/student is absent from work/lessons without your permission for 10 consecutive days
A sponsored worker resigns or is dismissed, or a student quits
You stop sponsoring a worker or student
There are any changes to the sponsored worker’s/student’s circumstances
There are changes to your own organisation, including changes to the structure
If sponsored employment is affected by TUPE or a similar transfer
Any updates concerning a sponsor licence holder or a sponsored worker/student are reported via the Sponsor Management System (SMS). Many of the above must be reported within 10 working days, so it is important that organisations have processes in place that ensure key personnel are made aware of any updates well in advance of the 10 working day deadline.
How to operate the Sponsorship Management System
The SMS is used to keep records of all migrant employees during your time as their sponsor. This includes reporting any changes to their immigration status, all absences, non-compliance with their visa and any promotions. You also use the SMS to apply for new Certificates of Sponsorship (CoS) to be issued to overseas workers.
In order to operate the SMS, certain roles need to be filled. These include:
Authorising officer - a senior member of staff responsible for the SMS and all staff who have access
Level 1 user - a person responsible for the day-to-day running of the SMS, including the assigning of Certificates of Sponsorship (CoS), updating records and applying for new CoSs for new employees
Key contact - a person who acts as the main point of contact between your organisation and UKVI
These roles can be taken by the same person or shared out - this is usually dependent on the size of the organisation and the number of workers or students you wish to sponsor.
For an initial consultation, call us now on 0300 131 6767
Why choose Latitude Law?
Our immigration solicitors have experience in assisting companies and organisations of all sizes to manage their sponsor licence duties to ensure they are able to sponsor migrant workers and students. We are committed to providing clear, transparent and reliable advice to our clients.
Our sponsor licence management services include:
Immigration consultancy
Audits of relevant HR functions
Time on site to work with your staff to ensure sponsor licence operations are running smoothly
Support with reviews if a sponsor licence is suspended or revoked
Working with a law firm can be a big decision, which is why we ensure that our clients are at the heart of everything we do. We are proud to serve every client with the highest standards of professionalism.
As a boutique law firm specialising in UK-inbound immigration, our experts understand the complexity of sponsor licence management and will provide up-to-the-minute legal advice on how any regulatory changes will impact your sponsorship obligations.
We are pleased to be recognised as a leading law firm by the following independent bodies: The Times Best Law Firms 2024, Chambers & Partners 2024, Legal 500 2024 and Who'sWhoLegal 2024. As well as receiving these endorsements from the international legal directories, we are proud of our 5-star Google reviews from over 150 satisfied clients.
Call us today on 0300 131 6767 or fill out our enquiry form and we will get straight back to you. Let our legal experts take the strain out of your sponsor licence management.
"This UK-inbound immigration specialist, with offices in Manchester, London and Brussels, is known for its expertise in guiding businesses, from start-ups to multinationals, through sponsor licensing and related regulatory processes."
The Times Best Law Firms 2024
Contact us
As the penalties for not fully complying with your numerous responsibilities as a sponsor of overseas workers or students are costly and time-consuming, it is important to seek specialist advice from a business immigration solicitor before you set up your Sponsor Management System. Latitude Law’s specialist lawyers can advise you about your sponsor licence duties and ensure that your employment and HR processes are compliant with the very latest immigration regulation.
Get in touch with our legal team today on 0300 131 6767 or fill out our contact form and we will get straight back to you. Protect your business with the dedicated support of one of our expert lawyers.
Sponsor Licence Management FAQs
What is involved in record keeping?
Record-keeping duties involve organisations retaining specified evidence in relation to their sponsored workers. Such documents must be held throughout the sponsored worker’s employment and for up to one year after sponsorship of the worker or student has ended.
How often should I be checking the SMS and Certificates of Sponsorship?
Sponsorship guidance advises organisations to check the SMS and Certificates of Sponsorship (CoS) at least once a month. The Home Office can reduce or remove CoS/CAS allocation, downgrade a licence rating, suspend the licence, and, in the most severe cases, revoke a sponsor licence. It is therefore extremely important that sponsor organisations understand their duties and manage their sponsor licence correctly.
Are there any staff members not suitable to operate the SMS?
Staff members who are charged with operating the SMS must not:
Be a temporary contractor at your organisation
Be subject to a bankruptcy restriction order
Have any unspent convictions
Have received a sponsor licence revocation in the last 12 months
Have a history of non-compliance with the Home Office
Be predominantly based outside of the UK
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Whether you represent a business employing migrant workers, or an educational institution looking for assistance with sponsoring overseas students, the solicitors at Latitude Law will be happy to guide you through the requirements of the Points-Based System (PBS) sponsorship scheme. Sponsor licences are available for new hires, intra-company transfers and certain visa routes. To employ skilled workers from overseas, UK employers must hold a valid sponsor licence.
The Senior or Specialist Worker visa (Global Business Mobility route) enables businesses with linked entities overseas to transfer existing employees to the UK for a specified period of time. The employee will need to be assigned to a UK business that is linked to their employer overseas to be considered for this type of visa.
A Skilled Worker visa is available for skilled workers of all nationalities that have been offered a position from an eligible UK company who is a registered sponsor. This route can lead to settlement and applicants can be joined by dependent partners and children.
For an initial consultation, call us now on 0300 131 6767
