The compliance check conducted by UKVI on a sponsor business before or after providing a Sponsor Licence (SL) is an important step in proving that the sponsor company is legitimate, can uphold its obligations as a sponsor, and is fully compliant with their duties as a sponsor in order for the company to be issued with the sponsor licence. By preparing well for your compliance check, you are increasing the likelihood that your business will be granted SL approval and protecting it from having its SL revoked or suspended.
Read the FAQ below to find out what steps UK companies need to take to prepare for a UKVI Sponsor Licence compliance visit.
What Happens During a UKVI Sponsor Licence Compliance Visit in the UK?
The purpose of these visits is for UK Visas and Immigration (UKVI) to confirm that your organisation will meet their obligations under the SL and to conduct audits to review the validity of the information you provided to them when you applied for your SL. Compliance visiting officers will conduct interviews with both you and your employees, review documents you submit to them as a result of their visit, and review your HR system to ensure that everything is in order for you to monitor your sponsored employees properly. The visit will also help UKVI determine if your business is a legitimate business and will be able to provide continued support for the sponsored employees. When Should a Compliance Visit Occur?The compliance visits may take place at several different times during your SL application process. They may happen at, before or after your application; whenever a new SL has been applied for; when your SL is renewed; or whenever your organisation has made an organisational change; or if a compliance concern has been raised against your organisation.Be Prepared Always
The following are the main criteria that UKVI will use to assess a migrant sponsor’s application for a sponsor licence along with the required supporting evidence for each criterion:-
Existence of an ongoing genuine business
- UKVI officers will verify if an applicant’s business operates and trades legally in the UK. Officers may check:
- – The premises in which the applicant operates their business
- – The UK establishment of the business, including company registration and VAT records, to verify if the business is ‘active’
- – Active trading evidence such as contracts or invoices
- The applicant’s operations must match those of the role mentioned on the application for the same type of license.
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Human Resource Systems and Record Keeping
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Knowledge of the Sponsor Management System (SMS)
Conducting A Mock Compliance Audit to Prepare For The UK
Conducting a mock compliance audit allows you to prepare for a UKVI compliance visit and determine areas of weakness within your organisation. You should conduct a review of your Human Resource files and processes, the knowledge on how to report via the SMS, the right to work documentation and whether or not your sponsored job positions meet the minimum requirements of a skilled worker. All first-time sponsor licence applicants should conduct a mock compliance visit prior to attending an actual UKVI compliance visit. After Compliance Visit After a UKVI compliance visit, an organisation may receive a variety of results, including: Approval of the sponsor licence Request for further information Sponsor Licence Under Review Suspension or Refusal of The Application Once you have received a communication from UKVI, you must respond promptly and respond with the appropriate paperwork if they raised any concerns. Importance of Seeking Professional Support When Preparing for the UK Visit1. Can a UKVI sponsor licence compliance visit be unannounced?
Yes, UKVI compliance visits can be unannounced. Employers must remain compliant at all times, as officers may visit without prior notice to assess ongoing sponsor duties.
2. What happens if issues are found during a compliance visit?
If UKVI identifies compliance issues, they may request additional documents, place the licence under review, suspend it, or refuse the application. Serious breaches can lead to licence revocation.
3. How can employers prepare effectively for a UKVI compliance visit?
Employers should maintain strong HR systems, train key personnel on sponsor duties, keep accurate records, and conduct mock compliance audits to identify and fix issues before a visit.