Q&As

In relation to the reporting duty to report a change of size from a small company, what is the trigger point in terms of the 10-day reporting requirement? The Guidance is unclear and a further difficulty is that often those involved in the sponsor licence will not become aware of this change, particularly where the accounts have not been lodged at Companies House.

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Published on LexisPSL on 13/05/2021

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • In relation to the reporting duty to report a change of size from a small company, what is the trigger point in terms of the 10-day reporting requirement? The Guidance is unclear and a further difficulty is that often those involved in the sponsor licence will not become aware of this change, particularly where the accounts have not been lodged at Companies House.

In relation to the reporting duty to report a change of size from a small company, what is the trigger point in terms of the 10-day reporting requirement? The Guidance is unclear and a further difficulty is that often those involved in the sponsor licence will not become aware of this change, particularly where the accounts have not been lodged at Companies House.

UK Visas and Immigration (UKVI) puts the onus on sponsors to ensure that the sponsorship system is not abused. This means that sponsors must fulfil certain duties throughout their time as a license holder and failure to comply with these duties can result in a license being revoked.

One of these duties is to report a change in the size of the business holding the sponsor license. Home Office guidance: Workers and Temporary Workers: guidance for sponsors (C1.12) confirms that this change must be reported within ten working days but does not make clear at what point these ten working days begin. In the absence of clarification, this leaves sponsors and representatives trying to decide the most reasonable approach to deciding when this duty is triggered. To do this, it is helpful to consider the motivation for the requirement to report and the definition of a ‘small sponsor’.

The size of a business is relevant and reportable because it changes the amount that the

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