UK sponsors have a number of responsibilities that must be followed diligently. These duties are split into three main categories:

1. Reporting Duties
2. Record-Keeping Duties
3. Compliance with Immigration Laws

Failure to meet these responsibilities can lead to financial penalties, downgrading of your sponsor licence, or even revocation. Let’s explore each duty in detail.

1. Reporting Duties

One of the primary responsibilities of a sponsor is to report any changes related to both your organisation and the sponsored workers. Depending on the nature of the changes or events, you have between 10-20 working days to report them and you can do so in the Sponsorship Management System (SMS). 

The deadline for reporting changes is also affected by the size of your company: if you’re considered a small business or charity and the number of your employees exceeds 50, you must report the change to the Home Office within 10 working days if at least 2 of the 3 points below exceed the numbers mentioned (read below).

You’re considered a small business if you satisfy two or more of the following requirements:

• Total turnover per fiscal year – not more than £10.2 million net;
• Total net asset per given fiscal year – not more than £5.1 million net 
• Total number of employees – not more than 50

You’re considered a charity if you’re:

• A registered charity in England, Wales or Scotland
• A registered charity in Northern Ireland—if you’re not on the register, you must provide proof of your charitable status for tax purposes from HMRC
• An excepted charity
• An exempt charity
• An ecclesiastical corporation established for charitable purposes

2. Record-Keeping Duties

Record-keeping is a vital part of your compliance responsibilities as a sponsor. The Home Office may conduct audits, either scheduled or unannounced, to ensure your business is adhering to its duties. Failure to maintain proper records can lead to severe penalties, including the loss of your sponsor licence.

• Required Records

You must keep certain records for every sponsored worker you employ. These include:

– Right to Work Checks: you are required to retain copies of documents that verify your employees’ right to work in the UK. This includes passports, Biometric Residence Permits (BRPs), a stamped entry clearance visa (if applicable), and an online right to work check proof.

– Employee Contact Information: you must maintain up-to-date records of the residential addresses, phone numbers, and email addresses for each sponsored employee.

– Job and Salary Information: this includes records of job descriptions, employment contracts, pay rates, and other job-related documentation to verify that the role meets the requirements specified in the Certificate of Sponsorship (CoS).

– Attendance and Absence Logs: keep a record of attendance, including any absences (especially unauthorised ones), to ensure compliance with Home Office regulations.

– Evidence of Skills and Qualifications: maintain records proving that the employee has the necessary skills, qualifications, or certifications to perform the job they are being sponsored for. This may include diplomas, certificates, or professional licences.

– Proof of Changes in the Nature of Your Business: a company needs to keep all documentation on file if anything changes within the organisation.

– Details about Dependent Residents of Sponsored Workers: this includes keeping records of dependent family members (such as spouses and children) who reside in the UK under dependent visas tied to your sponsored employee. You should maintain up-to-date information on their residential status, contact details, and visa expiry dates to ensure they remain compliant with immigration laws. It’s important to record any changes in the family structure, such as a spouse or child leaving the UK, or visa renewals. Additionally, if a sponsored employee’s dependents apply for separate residency or right-to-work status, you must document these updates as part of your compliance records.

• Document Retention Period

According to UK Home Office guidelines, these documents must be kept for the duration of the sponsorship and, in some cases, for longer periods to comply with other legal obligations such as those related to preventing illegal working.

3. Compliance with UK Immigration Laws

As a sponsor, you must ensure that all sponsored roles meet the requirements set by UK immigration laws.

• Genuine Vacancy Rule

One of the most critical regulations is the genuine vacancy rule. When sponsoring a worker, the position must represent a legitimate need within your business, and the job duties must align with those specified in the CoS. The Home Office can investigate to ensure that a job is not being exaggerated or created solely to enable an overseas national to work in the UK.

• Right to Work Checks (RTW)

You must perform right to work checks before any employee starts working for your organisation. For sponsored employees, ongoing checks may be required, particularly as their visa expiry dates approach.

– Initial Right to Work Check: before employment, you must verify that each sponsored worker is legally allowed to work in the UK. This includes checking their passports, visas, and BRPs.

– Ongoing Monitoring: for non-settled employees (those who hold a Spouse, Student, Global Talent, and other type visa that allows them to work legally in the UK). Their immigration status doesn’t depend on their employer, but you must track visa expiry dates and ensure timely renewals. Failure to do so could result in fines or legal action. More on compliance duties for sponsored employees and non-settled workers below.

For the main sponsor, you are required to do the online RTW check when the employee starts working for you. If the employer has a Skilled Worker visa employee (but they are not sponsoring them), they need to do RTW checks every 6 months. For Student visa holders, right to work checks are performed every 6 months as well. For the rest of non-settled employees, RTW checks are needed when they start their job.

• ATAS Certification for Certain Roles

For certain research or technical roles, employees may require an Academic Technology Approval Scheme (ATAS) certificate. You must ensure that the employee applies for this certification and that it is approved before they can start work. The ATAS requirement typically applies to roles in science, engineering, and technology sectors.