As a licensed sponsor of foreign workers in the UK, your company has specific responsibilities set out by the Home Office, especially if you employ workers on Skilled Worker Visas or other work-related visa categories. Failing to meet these requirements could lead to serious enforcement actions by the Home Office.
Much of the responsibility for compliance rests on the Level 1 and Level 2 users of the Home Office’s Sponsor Management System (SMS). Therefore, it's essential that these individuals understand their roles and compliance duties thoroughly.
This guide provides an overview of the SMS's essential functions, outlines key responsibilities, and highlights the potential consequences of non-compliance, equipping you with the knowledge to manage your sponsorship obligations effectively.
The Sponsor Management System (SMS) is a critical tool for employers who sponsor visa applicants, offering features and access options that streamline sponsorship responsibilities.
These features help ensure compliance and efficiency in managing your sponsorship duties.
To access SMS, go to the Home Office website and log in with your user credentials. First-time users may need to change their initial passwords for security. Should you forget your password, you can reset it through the sign-in page.
The department head or HR Manager, and other key personnel oversee compliance and ensure the company meets all sponsorship requirements. Clear communication with these team members is essential for effective compliance management.
Certificates of Sponsorship (CoS) are central to the sponsorship process. Sponsors must assign these certificates to prospective employees while ensuring that the licence summary is accurate and up-to-date.
To assign a CoS:
Remember, each CoS is typically valid for three months, so timely management is critical to avoid non-compliance.
Your licence summary provides a snapshot of your CoS usage. To view your summary:
Regularly reviewing the summary helps maintain compliance and prevent issues with CoS availability.
Compliance with immigration legislation is vital for sponsoring companies. Regularly reviewing reporting duties and anticipating challenges can help avoid penalties.
To remain compliant, focus on:
- Sponsorship Licence Maintenance: Ensure timely renewal.
- Employee Eligibility: Verify correct visas and legal requirements for each worker.
- Record-Keeping: Keep detailed, up-to-date records of sponsored workers.
Failing to meet these requirements can result in significant penalties, including losing your sponsorship licence. Please speak with us if you have any questions or concerns.
You must report significant changes to the Home Office, such as:
Training and regular use of SMS can help you keep track of these duties. Please speak with the Immigration Team at Carter Lemon Camerons who can help train you and your staff.
Compliance is an ongoing responsibility. SMS users must ensure that records are always current, as the Home Office may conduct both scheduled and unscheduled visits. Failure to maintain updated records risks sanctions, including downgrading, suspension, or revocation of your licence. We can prepare you for Home Office audits by carrying out a ‘practice run’.
The Home Office may impose various penalties for non-compliance, such as:
In cases of severe breaches, civil penalties or criminal prosecution may apply if illegal employment practices are discovered. Carter Lemon Camerons can assist you with obtaining a sponsor licence and maintaining compliance with Immigration Rules.
The SMS allows access based on specific roles, each with defined responsibilities:
- Authorising Officer: Manages and oversees all sponsorship activities.
- Key Contact: Liaises between the sponsor and the Home Office.
- Level 1 User: Has comprehensive access to manage certificates, users, and other functions.
- Level 2 User: Has restricted access to perform assigned tasks, ensuring security and data integrity.
These roles support effective sponsor management and compliance.
It is possible for one individual to serve as both the Authorising Officer and a Level 1 User. However, only Level 1 and Level 2 users have direct access to SMS, so any additional personnel requiring access must also be designated as Level 1 or Level 2 users.
SMS provides a user-friendly interface and centralised tools that simplify compliance and licence management. The SMS allows sponsors to update licence details, manage personnel, and request changes efficiently, ensuring up-to-date records and prompt compliance with Home Office regulations.
Author: Vladyslav Galinskyi
Carter Lemon Camerons LLP offers experienced immigration solicitors and skilled professionals across various legal and tax fields. Our team is dedicated to providing compassionate, professional guidance to ensure your case is managed with care and attention.
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Originally published by Carter Lemon Camerons LLP and republished here with permission