Understanding Your Sponsor Duties: A Comprehensive Guide

If you’ve taken on the responsibility of being a sponsor license holder, you’re already playing a vital role in ensuring that skilled workers can legally work in the UK. But this responsibility comes with some key duties that must be adhered to. The good news is, staying compliant doesn’t need to be complicated—it just requires a clear understanding of what’s expected, and a commitment to following through. This guide will walk you through everything you need to know, from the basics to more detailed aspects of your sponsor duties.

What Are Your Sponsor Duties?

As a sponsor license holder, you’re not just sponsoring a worker; you’re taking on the responsibility of ensuring that worker meets the UK government’s immigration requirements throughout their employment. Your sponsor duties are legally binding, and non-compliance can lead to serious consequences, including losing your license or facing financial penalties. Let’s break down exactly what you’re required to do.

1. Right-to-Work Checks

This is the very first step in the process. Before offering employment to a skilled worker, you must ensure they have the legal right to work in the UK. Right-to-work checks are mandatory, and you must document and keep records of these checks.

What does a right-to-work check involve?

• Check Documents: You need to verify documents that prove the worker’s eligibility to work in the UK. These can include a passport, biometric residence permit, or a national identity card, depending on the worker’s status.

• Ensure Correctness: Verify that the documents are genuine and the worker’s details match what’s on the document.

• Record and Retain Evidence: After verifying the documents, make sure to keep records for the duration of their employment. You should also keep a copy of any documents used for the check.

Why is this important?

Failure to conduct thorough right-to-work checks could lead to significant penalties for your business. The UK Home Office may impose a fine or revoke your sponsor license if you fail to comply.

2. Record-Keeping

As a sponsor, you must maintain accurate and detailed records of your sponsored workers. These records will be crucial during audits, and if you fail to keep them, you risk non-compliance.

What do you need to keep track of?

• Personal Information: Keep a detailed record of the worker’s personal details—this includes their full name, date of birth, and contact information.

• Visa Information: Ensure you’re tracking visa expiry dates, work restrictions, and conditions associated with the visa.

• Work Details: Track the worker’s job title, role, and job description to ensure they’re working in the role for which they’ve been sponsored.

• Absences and Attendance: Monitor your worker’s attendance and record any absences, including holidays, sickness, or unpaid leave.

Why is this important?

When the Home Office conducts an audit or review of your sponsor license, they will want to see these records to ensure compliance. Not having accurate records could result in penalties, and in extreme cases, you may lose your sponsor license.

3. Monitoring Your Sponsored Workers

It’s not enough to simply hire a worker and let them get on with it. You have an ongoing responsibility to monitor that they’re meeting the terms of their visa.

What should you monitor?

• Job Role: Sponsored workers must work in the role for which they’ve been granted a visa. If they’re doing a different job, you need to inform the Home Office.

• Salary: The worker must meet the minimum salary threshold for their visa type. Make sure they are earning at least the required salary as stated in their sponsorship agreement.

• Work Hours: Ensure that the worker is adhering to their work hour restrictions. For example, some visas may restrict the number of hours they can work or dictate when they can work.

What happens if conditions are violated?

If you notice that a worker is not complying with the terms of their visa, you must report it immediately to the Home Office. If they miss work for an extended period, change their job without proper permission, or break any visa rules, it’s your duty to report these changes.

4. Reporting Obligations

As a sponsor, you are required to report certain events to the Home Office. Reporting these events shows that you’re staying compliant and keeping the system transparent.

Events that must be reported:

• Worker Absence: If a worker is absent from their role for more than 10 days without explanation, you must report this.

• Visa or Job Changes: If a sponsored worker changes roles, moves locations, or has any changes to their employment status, you must notify the Home Office.

• Termination of Employment: If the worker leaves your company, you must report this, so the Home Office knows their employment status.

• Non-compliance or Criminal Activity: If the worker fails to comply with immigration rules or is involved in criminal activity, you must report this immediately.

Why is reporting important?

Failure to report these changes could result in penalties or the suspension of your sponsor license. Reporting demonstrates that you’re taking your duties seriously and ensures that you’re not left exposed to unnecessary risks.

5. Compliance with UK Employment Laws

Sponsorship isn’t just about meeting immigration requirements; it’s also about ensuring that your workers are treated fairly under UK employment law. Sponsored workers are entitled to the same employment rights as other employees, which includes:

• Fair Pay: Sponsored workers must be paid in accordance with the UK’s minimum wage laws and their contract terms.

• Working Conditions: They should have access to the same working conditions as other employees, including health and safety measures.

• Employment Rights: Sponsored workers have rights to things like sick pay, maternity leave, and holiday entitlement. These rights cannot be restricted or denied based on their visa status.

Why is this important?

By complying with UK employment laws, you avoid legal issues and show that you value your workers. It’s not just about following the law; it’s about creating an ethical and fair working environment, which in turn strengthens your business’s reputation and relationship with employees.

6. Regular Reviews and Ongoing Compliance

As your business grows, your responsibilities as a sponsor grow as well. Regularly review your processes, policies, and documentation to ensure compliance. This includes:

• Regular Training: Ensure that your HR team or recruitment team understands the responsibilities tied to being a sponsor. Keep them updated on any changes to immigration laws and employment regulations.

• Internal Audits: Conduct internal audits regularly to ensure all records are up to date and compliant with the Home Office’s requirements.

Why Is Compliance So Crucial?

You might be thinking, “Is all this really necessary?” The short answer is yes. Compliance with your sponsor duties isn’t just a matter of avoiding penalties—it’s about setting up your business for long-term success. By adhering to these requirements, you ensure that your workers stay legally employed, your business stays protected, and your recruitment process runs smoothly.

Consequences of Non-Compliance:

Failing to meet these responsibilities can lead to a range of penalties, including:

• Losing your sponsor license, meaning you can no longer sponsor skilled workers.

• Fines or financial penalties for non-compliance.

• Damage to your company’s reputation, making it harder to attract top talent.

On the flip side, staying compliant builds trust with both your employees and the Home Office. It helps ensure your business has access to the talent it needs and that everything is running by the book.

How Mercury Careers Can Help

We know the recruitment process can be tricky, especially when you add sponsor duties into the mix. That’s why Mercury Careers is here to help guide you through the entire process. From helping you maintain accurate records to advising you on compliance, we’ve got the tools and expertise you need to ensure your business stays on the right track.

If you need support with your sponsor duties or are unsure about compliance requirements, don’t hesitate to reach out. We’re here to make it easier, so you can focus on what you do best: growing your business and bringing in top talent.

In Conclusion

Understanding and fulfilling your sponsor duties is a fundamental part of bringing in skilled workers to the UK. From right-to-work checks to compliance with employment laws, these responsibilities are crucial for your business’s success. With a clear understanding of your obligations and the right support, staying compliant doesn’t have to be difficult. We’re here to help you every step of the way, so your business can thrive—legally and ethically.

Feel free to reach out if you need assistance or have any questions. At Mercury Careers, we’re always ready to support you in navigating the complex world of recruitment and immigration.