Tier 2 Sponsor Compliance

Expat Academy Tier 2 Sponsor Compliance

Introduction of Post Licence ‘Assurance’ Interviews

Background

As part of UKVI’s aim to modernise, improve and broaden how it delivers sponsor register assurance, a new approach has been introduced which assesses Tier 2 sponsor compliance via a telephone interview.

UKVI advise that the new activity will supplement but not replace the established activity of full compliance audits that are carried out by the Sponsor Compliance Network at sponsor premises.

In view of the above, UKVI are conducting telephone interviews, in which they will want to assure themselves that sponsors are aware of and adhering to the following key duties expected of them;

  1. The monitoring of employees’ immigration documents and their entitlement to work
  2. That any sponsored worker(s) are undertaking the role for which they were granted permission to be in the UK
  3. Adherence to sponsorship duties as defined within the Tier 2 & 5 Sponsor Guidance document.
  4. The obligation to retain records of relevant documents as specified within Sponsor Guidance – Appendix D document.

Interview Process

The Authorising Officer listed on the sponsor licence will be contacted by email to attend a telephone interview, usually with very little notice. The interview should last from 30 – 60 minutes. If sponsors wish to nominate an alternative member of the key personnel noted on the sponsor license to carry out the interview, they may do so.

What can Sponsors do now to prepare?

Given the circumstances that we find ourselves in with respect to COVID-19, now is a good time for all employers to review legal right to work processes, company reporting, record keeping, migrant tracking and recruitment procedures to ensure on-going compliance with obligations as a Tier 2 sponsor.

We expect there to be a significant increase in this type of telephone sponsor compliance activity in the coming weeks and months, particularly in advance of the opening of the Tier 2 regime to European nationals wishing to work in the UK following the end of the current post-Brexit transition period. It is therefore vital that all sponsors have in place adequate safeguards and compliance procedures to ensure that their on-going employment and immigration obligations are met.

Magrath Sheldrick LLP provides complete compliance support packages to assist organisations in recognising, meeting and exceeding compliance obligations. We can ensure that you are ‘audit ready’ and have complete confidence in maintaining your status as an ‘A-rated’ sponsor licence holder.

Expat Academy Tier 2 Sponsor Compliance

 

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