Compliance responsibilities for non-settled vs sponsored employees
Compliance responsibilities for non-settled vs sponsored employees
- Non-settled employee: A person, who holds any of the following types of UK visas—spouse, student, global talent, ancestry, PBS dependant, start-up visas or EU pre-settled scheme status—that allows them to legally work in the UK. Their immigration status doesn’t depend on their employer.
- Sponsored employee: A worker, who is directly sponsored by the employer via a skilled or temporary worker visa route, their right to work in the UK is entirely dependent on the employer sponsoring their visa.
Non-settled employees
If you employ any non-settled employees the employer’s duties are as follows:
- Check their right to work
- Keep records of the visa expiration date, it will be illegal to employ them beyond that date unless their visa is extended
- Conduct follow-up checks close to the visa expiry date
Since non-settled employees are not directly sponsored by the company, the employer doesn't have to report any changes in these employees' circumstances (such as changes in salary, working hours, role or duties, promotions) to the Home Office via the SMS (Sponsorship Management System).
Sponsored employees
When the company sponsors employees with work visas there are certain Home Office conditions that must be met for the company to continue with the sponsorship, such as reporting on salary, duties, role, and working hours.
Moreover, all the changes in employment like working and home addresses, salary/wages, absences, and any other migrant activities are required to be reported to the Home Office via SMS within a certain timeline (typically 10 or 20 days).
Any failure to act in compliance with the Home Office rules can lead to financial penalties, suspension or revocation of the sponsor licence, and subsequent loss of the legal right to work in the UK for all sponsored employees.
Table: Compliance responsibilities for non-settled vs sponsored employees
Nation.better’s automated platform will efficiently and smartly monitor sponsorship immigration compliance of your company and your sponsored employees in line with the Home Office regulations:
- Safely store company and employees’ data and documents on one platform—always Home Office audit-ready
- Get notifications and tasks to-do on your dashboard on when and how to report any changes to the Home Office via SMS
- Get reminders ahead of time on when visas/passports or a sponsor licence are expiring and what to do
- Help your sponsored employees monitor their personal immigration compliance and report changes to the police in a timely fashion
- Provide your sponsored employees with care and support on their immigration journey via our guides and immigration expertise
- Understand your compliance responsibilities with transparency and ease—say goodbye to endless Home Office guides
- Get ongoing support from our team of immigration experts
If you’re looking to learn more about the compliance requirements you must adhere to and the procedures you need to keep track of to maintain your sponsor licence, get in touch with the Nation.better team.
*Settled worker can work in the UK without restrictions and is any one of the following:
- A British citizen
- A person who has indefinite leave to enter or remain (settlement) in the UK
- An Irish citizen (with limited exceptions)
- A person who has been granted leave to remain (pre-settled status) or indefinite leave to remain (settled status) under Appendix EU to the Immigration Rules
- A British overseas territories citizen, except for those from sovereign base areas in Cyprus
- A Commonwealth citizen (including a citizen of Zimbabwe) who has been granted permission on the UK Ancestry route on the basis they have a grandparent born in the UK and Islands
- A Commonwealth citizen (including a citizen of Zimbabwe) with the right of abode in the UK
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