Workers and Temporary Workers sponsor duties and adapting human resources systems

The following Immigration practice note provides comprehensive and up to date legal information covering:

  • Workers and Temporary Workers sponsor duties and adapting human resources systems
  • HR systems—key priorities
  • Monitoring immigration status and preventing illegal employment
  • Maintaining migrant contact details
  • Other record keeping
  • Monitoring and reporting migrant activity
  • Overseas nurses and midwives and the Observed Structured Clinical Examination
  • Professional registrations and accreditations
  • Reporting sponsor changes of circumstances and other specified matters
  • Data protection
  • More...

Workers and Temporary Workers sponsor duties and adapting human resources systems

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus (COVID-19) outbreak. For updates and links to useful information, news and news analysis in relation to the implications for immigration lawyers, see Practice Note: Coronavirus (COVID-19) immigration resources.

When an organisation obtains a sponsor licence it must comply with a number of duties and responsibilities to the Home Office. When it applies for the licence it is declaring that it is capable of complying with all of these. The consequences of failing to comply with the duties can be serious, including the licence being revoked, with a cooling-off period of 12 months imposed before it can apply for a fresh licence, and the permission of existing sponsored employees being cancelled.

The details of the sponsor duties and responsibilities are not contained in the Immigration Rules or any legislation, but instead in the Workers and Temporary Workers Sponsor Guidance.

In R (New London College Ltd) v Secretary of State for the Home Department (SSHD); R (West London Vocational Training College) v SSHD, the Supreme Court held that the Immigration Act 1971 provides a general statutory authority for the SSHD to administer a sponsor licensing system, including vetting sponsors, via rules which do not require to be laid before Parliament. Only

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