Sponsor duties and responsibilities

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. These include:

  1. monitoring immigration status and preventing illegal employment

  2. maintaining migrant contact details

  3. other record keeping

  4. monitoring and reporting migrant activity

  5. ensuring that relevant professional registrations and accreditations have been obtained

  6. reporting various changes of circumstances to the sponsor

  7. complying with the law, and

  8. co-operating with the Home Office

The consequences of failing to comply with the duties can be serious, including the licence being downgraded or revoked and the permission of existing sponsored employees being curtailed.

It is open to the Home Office to visit an organisation or carry out a digital compliance inspection over video-conferencing facilities, to review whether, and to what extent, it will be able to meet these duties and responsibilities. It will also check its own records of previous dealings with the organisation. Inspecting officers will want to see how relevant human resources

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Lords Committee criticises lack of advance information on immigration policy changes

The House of Lords Secondary Legislation Scrutiny Committee has criticised the Home Office for failing to provide sufficient information in support of measures set out in its latest Statement of Changes in Immigration Rules HC 977, which sets out significant changes to immigration policy. The Statement tightens the Skilled Worker visa route by removing care workers/senior care workers from the list of occupations eligible to recruit migrant workers form overseas and tightens conditions for granting Skilled Worker visas—affecting around 180 occupations (which could lead to a 40 drop in grants). The Committee highlighted the lack of consultation and the absence of an impact assessment, which it says severely undermines parliamentary scrutiny. It called for the impact assessment to be published before the end of the current summer recess. The Statement also closes two schemes which assisted Afghans who supported UK operations and aims in Afghanistan, including through resettlement. A submission to the Committee argued this would permanently abandon people in need, especially in light of a 2022 data breach recently revealed through the lifting of a superinjunction. The Home Office responded that most eligible applicants had already applied and that 95% of current applications were found ineligible. The report states that the Committee had previously repeatedly requested the Home Office to provide sufficient information when laying new legislation with potentially significant consequences, but ‘despite acknowledging this to be correct practice’ it had failed to do so again. It includes a link to detailed submissions sent to the Committee by the Work Rights Centre, the Immigration Law Practitioners’ Association and the Home Office.

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