The Home Office carries out compliance checks and audits on employers, both before granting a Sponsor Licence and throughout the duration of its validity. If your organisation is found to be non-compliant with your sponsor responsibilities and licence requirements, the consequences can be serious. Your application may be refused or your existing licence suspended or revoked.
Compliance training and support
Our specialist immigration law team offers bespoke training and advisory support to Sponsor Licence applicants and holders. By helping you to understand and meet your compliance obligations, we can reduce the risk of enforcement action.
We can also support you on:
- Appointment and responsibilities of key personnel – we provide guidance on selecting the appropriate individuals for the key personnel roles required under the sponsor licence: the Authorising Officer, Key Contact and Level 1 User. Only Level 1 Users have access to the Sponsor Management System (SMS), and we ensure that all key personnel fully understand their duties. We can also act as your legal representative and in certain circumstances, as your Level 1 User.
- Record-keeping and reporting requirements – we help you meet the Home Office documentary and reporting standards, with practical advice and checklists.
- Mock audit training and preparation – we can prepare you for a Home Office audit using simulated compliance audits and readiness assessments.
- Right to Work checks – we offer support and training on setting up processes to lawfully and effectively carry out Right to Work checks.
If you have already experienced any compliance issues – such as a refused, suspended or revoked sponsor licence – we can help you understand your options and support you on your next steps.
Frequently asked questions
Q: What are the common reasons for a Sponsor Licence being refused or revoked?
There are several common reasons why a Sponsor Licence may be refused, suspended or revoked by the Home Office. One is failure to comply with core immigration requirements – particularly by not conducting proper Right to Work checks on all staff. Another is that the employer does not have robust HR systems and processes in place to meet the sponsor’s record-keeping and reporting requirements.
In some cases, the issue may lie outside immigration law altogether, such as non-compliance with employment law, tax obligations, or health and safety regulations.
These wide-ranging grounds for refusal illustrate the importance for employers to take a holistic, proactive approach to compliance – not just with their immigration duties, but across their wider legal responsibilities.
Q: Do employers get advance notice of compliance checks and audits?
Not always. Both before and after a Sponsor Licence application is granted, the Home Office may initially request compliance information online. Depending on the information you provide, or other risk indicators, they may decide to conduct further checks, which could include an in-person audit.
Importantly, the Home Office reserves the right to carry out unannounced visits at your premises to assess whether you are complying with your sponsor duties.
This illustrates the importance for employers to stay fully compliant at all times, particularly in regard to record-keeping, reporting and Right to Work checks.
Q: What happens if the Home Office revokes or refuses my Sponsor Licence?
If a licence is refused, suspended, or revoked, you may have options to challenge the decision, depending on the circumstances. This could include submitting representations to the Home Office, applying for a new sponsor licence, or pursuing other legal remedies.
If you find yourself in this position, our immigration lawyers can assess your case and guide you through the available options and next steps.
Fixed-fee initial consultation for immigration and visa advice
For employers of any size, navigating the requirements for hiring overseas staff can be complex and also divert resource away from core activity. To help you get started and simplify the process, our immigration team at Lindsays offers an initial fixed-fee consultation where we find out your own circumstances and needs and provide clear actionable advice.
Find out more here.
