These responsibilities last for as long as you have your licence. The Home Office might audit your business to check you’re following these rules.
The rules are called the ‘Five key areas of compliance’.
The Home Office can audit any business that:
- Holds a sponsor licence
- Has applied for a sponsor licence
- Has sponsored international workers on their premises, even if they’re third-party
The five key areas of compliance
1. Monitoring immigration status
You must make sure all workers have the right immigration status for their role. You need to track visa end dates for those on time-limited visas, like skilled workers.
2. Maintaining contact details
You must keep accurate and up-to-date contact details for current and former sponsored employees.
3. Record-keeping
Each sponsored worker must have a file with documents like:
- Degree certificates
- Payslips
- Employment contracts
These documents should prove the worker is eligible for sponsorship.
4. Job tracking and monitoring
You need to have systems for keeping records of a sponsored worker:
- Time off
- Any employment changes (like job duties or hours)
You must report any changes to the Home Office.
5. General sponsor duties
You must regularly update your sponsor licence information. You must tell the Home Office about any significant changes, like business location or employee details.
What to expect during an audit
A UKVI audit usually has two parts:
- Interview: The Home Office officer will interview the Authorising Officer named on your licence. This person should know your systems well. They can also have a second person with them who knows about your sponsor licence and policies.
- File Review: The officer may ask to see up to 50 employee files. This depends on the size of your business. The officer does this to check if you’re meeting your compliance duties.
Audits can be random or based on specific reports. The Home Office usually gives one week’s notice. However, the audits can sometimes be unannounced.
If you fail the audit, your sponsor licence may be suspended or revoked. This means:
- You cannot sponsor new employees
- Your current sponsored employees may lose their visas
How to be ready for an audit
To avoid problems during an audit, regularly review your policies and procedures. Make sure that HR or Talent Acquisition staff are well-trained and know their responsibilities.
Keeping your Authorising Officer's details up to date is crucial. If this person is no longer working for you and you get audited, the Home Office may revoke your licence immediately.
Top tip
Regularly review your sponsor licence information to make sure everything is correct. Report changes, like a change in business location, within 20 working days. If an employee's work location or hours change, tell the UKVI within 10 working days.
Following the rules is important for both the Home Office and your business. If you’re unsure about anything, get advice from an immigration expert.
For more detailed guidance on these changes book an appointment with Scotland’s Migration Service.