UK Immigration Compliance

13
Mar

Small change in UK Visas and Immigration – Points-based system: sponsor compliance visits (19 February 2018)

The Home Office have released an updated guidance for compliance officers regarding pre and post licence sponsor compliance visit and assessments.

 

Indeed, companies holding or applying for a Sponsorship Licence need to comply with Immigration Rules and HR system requirements.

 

The Home Office can decide to attend the company’s office at any time before (pre-licence assessment visit) and after (post-licence compliance visit) granting the Sponsorship Licence and conduct a compliance visit and assessments to check if the company meets the requirements and fulfils its duties as a Sponsor.

 

The main change in this new guidance is the removal of parts of the guidance about making a recommendation.

 

Other changes reflect the updated Immigration Rules and some minor housekeeping.

 

  • Licence decision outcomes

 

From 15 January 2018, compliance officers will no longer make a recommendation (feedback) regarding the licence outcome following a compliance visit. They will conduct and document a thorough assessment of the sponsor’s current state of compliance, gathering supporting evidence.

 

The caseworker will then use the evidence presented in the report, along with other relevant evidence to make a decision regarding the licence outcome.

 

The Home Office will not suggest any improvements in its report. They will focus on highlighting each breach.

 

Employers wishing to retain or hire non-EEA workers need to get fully prepared. In order to do so, the services of an immigration solicitor advising and assisting for Sponsorship Licence applications but also for the compliance with visa rules and duties as a Sponsor are now primordial.

 

If you wish to apply for a Sponsorship Licence or are already a sponsor and want to make sure that you comply with the complex immigration rules, please do not hesitate to contact our immigration team or our senior solicitor, Pam Barar.

2
Oct

Report finds majority of Tier 2 and Tier 5 sponsors are failing to comply with their requirements

UK Immigration Compliance 

A report commissioned by an immigration law firm found that a majority of British companies were not aware of the correct rules for sponsoring overseas workers. Consequently, many businesses could face fines, closure or even prison sentences for directors if they fail to comply with the visa rules.

The report found that two-thirds of the businesses surveyed were unaware what documents they needed to keep on file for sponsored overseas workers, and 95 per cent were not reporting all the required changes in circumstances for sponsored workers.

In addition, the report found just 7 per cent of companies were advertising job vacancies correctly when filling a position with a non-EEA citizen

The findings revealed that businesses are not carrying out sufficient internal compliance audits to ensure internal policies, procedures and guidelines follow the required ‘duties’ of a sponsor to ensure they meet the Home Office’s stringent compliance checks.

As a result, the report warned that up to 95 per cent of small and medium-sized businesses risk having their sponsor licence revoked and many could even face closure under strict new provisions of the Immigration Act 2016. Directors risk heavy fines or even a prison sentence.
Employers wishing to retain both EU and non-EEA workers need to get fully prepared ahead of Brexit. In order to do so, the services of an immigration solicitor advising and assisting for Sponsorship Licence applications but also for the compliance with visa rules are now primordial.

 

If you wish to apply for a Sponsorship Licence or are already a sponsor and want to make sure that you comply with the complex immigration rules, please do not hesitate to contact our immigration team or our senior solicitor, Pam Barar.

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