Sponsor Compliance

As a Sponsor, at all times you must meet your sponsor responsibilities.

If you fail to continue to meet your sponsor responsibilities, your licence can be downgraded or revoked.

Sponsor Compliance

The exact requirements you will need to satisfy will vary depending on your circumstances.  You may wish to speak to an immigration lawyer for an individual expert advice.

  • You must:

    • check that your foreign workers have the necessary skills, qualifications or professional accreditations to do their jobs, and keep copies of documents showing this

    • only assign certificates of sponsorship to workers when the job is suitable for sponsorship

    • tell UK Visas and Immigration (UKVI) if your sponsored workers are not complying with the conditions of their visa

    • comply with UK employment law for jobs you’re offering

    • meet any specific requirements for workers under 18, scale-up workers or offshore workers

  • You must have HR systems in place that let you:

    • monitor your workers’ immigration status

    • keep copies of relevant documents for each sponsored worker, including evidence you’ve carried out the relevant right to work checks

    • track and record workers’ attendance

    • keep worker contact details up to date

    • report to UKVI if there is a problem, for example if your worker stops coming to work

  • You must report any significant changes in your own circumstances within 20 working days, for example if you:

    • stop trading or become insolvent

    • substantially change the nature of your business

    • are involved in a merger or take-over

    • make changes that affect your relationship with any overseas businesses that have sent workers to you

    • make any changes to a contract covering secondment workers or service suppliers

    You must also tell UKVI if you’re changing your details, like your address or allocated roles.

    If you’re sponsoring a UK Expansion Worker and have a ‘provisional’ rating

    You must tell UKVI when your authorising officer’s visa is granted. You’ll need to update their immigration status and address in the UK.

  • You must make sure that foreign workers under 18 have suitable care arrangements for their:

    • travel to the UK

    • arrival in the UK

    • living arrangements in the UK

    You must also get a letter from their parents giving consent to the care arrangements.

    You must get a Disclosure and Barring Service check on any of your workers who need it.

    You’ll lose your licence if you do not do this.

    Children under 16

    You can only sponsor foreign workers under 16 if they’re on either:

    • a Creative Worker visa - they may also need a performance licence

    • a Government Authorised Exchange visa

    You also need to check:

    • the rules about how many hours children can work

    • if the child needs an employment permit from their local council

  • Your responsibilities as a sponsor for a scale-up worker start on the date you assign them a certificate of sponsorship. Your responsibilities end 6 calendar months after either:

    • the ‘valid from’ date on your worker’s visa - if they were outside the UK when they applied

    • the date they are told they have permission to stay - if they were inside the UK when they applied