Sponsor duties under Tiers 2 and 5: preparing for and attending a Home Office visit

When can the Home Office visit an organisation?


The Home Office is able to carry out compliance visits to the premises of licensed sponsors, or any site under the sponsor's control, at any time, whether announced or unannounced.


It may also want to visit addresses where sponsored employees will be or are working (which could include the premises of a third party). Where this may be relevant, they will want to see evidence of arrangements between the sponsor and the third party that would ensure full co-operation by the third party.


It is the sponsor’s responsibility to ensure that the third party is aware of the possibility of unplanned and unannounced visits and checks being conducted at their premises, and to ensure their full co-operation.



A visit could be undertaken as part of the Home Office's pre-licence checks on an applicant organisation (including where a sponsor is seeking to add a new tier to its licence), or following an application to renew a licence or report/notification it has provided to the Home Office.


It may also occur where the Home Office has concerns that a sponsor is complying with its duties and responsibilities, eg where it has received intelligence/allegations on a particular issue.


Pre-visit preparation


If a sponsor or applicant organisation receives notice of a compliance visit, they should carry out an internal audit if this has not been done recently to double check that their relevant Human Resources (HR) systems and record keeping remains compliant and, if necessary, to action any changes or reports that need to be made prior to visit.


NEED HELP WITH AN INTERNAL AUDIT?




During our mock immigration audit, a specialist business immigration consultant will:


  1. Verify information that you gave on your sponsor licence application

  2. Check your document management and record-keeping systems to ensure that you are complying with all of your sponsor duties (or will be able to comply if your licence application has not yet been decided)

  3. Review the personnel files of any sponsored migrants to identify any deficiencies and areas for improvementInterview any of your employees involved in the recruitment of migrant workers to prepare them for the type of questions that a Home Office inspector is likely to ask

  4. Speak to any migrant workers to determine whether they are familiar with the terms and conditions of their UK visas

  5. Conduct checks on other workers to ensure you are complying with your obligation to prevent illegal working

Following our mock immigration audit, you will receive a comprehensive written report that identifies risk areas and provides expert recommendations for improvement.


If required, we can undertake a follow-up immigration audit to further assess any changes that have been implemented.


CALL FOR MORE INFORMATION : 020 8242 6386

EMAIL: info@gdblegal.co.uk

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