Tier 2 Sponsorship Audit and Compliance Lawyers London
Tier 2 Audit and Compliance duties
The Tier 2 Audit and Compliance process is something you will need to familiarise yourself with upon successfully obtaining a Sponsorship Licence. As a Tier 2 Sponsorship Licence holder, you have certain duties and responsibilities that you must carry out as set out by the UKVI in the Tier 2 Sponsorship policy guidance.
Auditing and complying under your Sponsorship Licence is essential as UKVI scrutinises Tier 2 Licence holders rigorously. Even a slight human error can have drastic consequences for the business and on their ability to employ migrants from outside the EEA.
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Sponsor duties under the Tier 2 Sponsorship Licence
Sponsors who wish to employ workers from outside the EEA to work in the United Kingdom must comply with the relevant immigration rules and the Tier 2 Sponsorship Licence policy guidance. It is imperative to ensure that you have the necessary systems in place prior to an audit, as the UKVI sometimes visit client premises unannounced.
Sponsor duties consist of the following:
- Record keeping – the sponsor must keep relevant documents and records of the Tier 2 Sponsor Licence as outlined in Appendix D available for request by the Home Office. Failure to do this could lead to a Sponsorship Licence being suspended or even revoked.
- Reporting – sponsors must report any changes in the employee’s circumstances within 10 days. This includes issues such as any absence, termination, or any breach of their own obligations as a Tier 2 Sponsorship Licence holder. Sponsors must also report any significant changes in their own circumstances within 20 working days.
- Compliance – Tier 2 sponsors must comply sponsor duties, which include the following:
- The sponsor is genuinely trading in the UK and has the correct documents on file for the Tier 2 migrant workers
- Sponsors must only employ migrants who are qualified and experienced to do the job and are legally entitled to do so
- The sponsor should only assign Certificates of Sponsorship under the Sponsorship Licence to Tier 2 migrants who meet the criteria set out in the immigration rules and relevant policy guidance
- Sponsors must keep the Home Office updated via the SMS portal of any relevant changes relating to their organisation
Non-compliance, revocation or suspension of the Tier 2 Sponsorship Licence
In some instances, the Home Office may write to the Tier 2 Sponsorship Licence holder setting out alleged breaches of their duties as a Tier 2 sponsor. This can result either in a Licence suspension or revocation.
The instances in which a Sponsorship Licence may be suspended are:
- Non-compliance with the Resident Labour Market test. In some cases, although an employer may have conducted the RLMT, they may not have retained the relevant documentation on file. Appendix D of the Tier 2 Sponsorship Licence guidance specifies the type of evidence that must be retained. Failure to do so will result in an employer being in breach of their duties as a Tier 2 sponsor
- Lack of a genuine vacancy. In some instances, the alleged breach may centre on the lack of existence of a genuine vacancy. This is usually when the Home Office suspects that the Tier 2 migrant is working in a job different to that stated in the Certificate of Sponsorship (CoS). Sponsorship Licence holders must ensure that employees are performing the job role in question as stated in the Tier 2 CoS and be able to provide documentary evidence to confirm this
- Failure to retain specified information in the format required by the UKVI
- Tier 2 Sponsorship Licence holders are obliged to keep certain documents on file as outlined in Appendix D. These documents demonstrate understanding, adherence and implementation of their obligations as a Tier 2 sponsor. Failure to do so will result in a breach of the duty to adequately monitor and record Tier 2 migrant activity
How can NA Law Solicitors assist sponsors with Tier 2 Audit and Compliance duties?
NA Law is a niche immigration law firm that specialises in this area of law. Our team of specialist immigration solicitors can assist you with the entire process and provide you with high quality services that will allow you to fully focus on your business.
- We will take instructions from you during your initial consultation and advise you on the appropriate and relevant documents to gather in support of your application
- We will ensure the documents provided to UKVI are in the required format and we will draft detailed, extensive legal representations in support of your application
- Finally, we will liaise with the Home Office until a final decision is made on your application
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Contact our business immigration law specialists
For a free case assessment, get in touch to discuss how we can assist with your obligations as a Tier 2 Sponsorship Licence holder.