A Compliance Visit Can Make or Break Your Sponsor Licence
Home Office compliance visits can be announced or unannounced, and online or in person. The outcome of a compliance visit can directly determine whether an employer keeps, loses, or has restrictions placed on their Sponsor Licence.
The difference between a positive and negative outcome from a compliance visit invariably comes down to preparation.
This guide focuses on the practicalities of a Home Office visit - what to expect, who needs to be present, which documents to have ready and how to respond to inspector questions.
Why the Home Office Conducts Compliance Visits
The Home Office guidance on duties and compliance begins with the following guiding principle:
C1.5. Sponsorship is a privilege not a right. The sponsorship scheme reflects that those who benefit directly from migration (employers, education providers or other organisations who bring in overseas nationals) should play their part in ensuring the immigration system is not abused. Significant trust is placed in sponsors and they must ensure they comply with immigration law and wider UK law, and not behave in a manner that is not conducive to the wider public good.
Sponsorships is 'entrusted' to companies, and the Home Office reserves the right to visit sponsoring organisations to make an assessment on whether or not they should continue to be trusted as sponsors. based on a retrospective review of how they have been assigning Certificates of Sponsorship and how they have been fulfilling their obligations under the sponsor guidance.
Triggers of Inspections
There can be certain triggers that prompt a UKVI inspection:
- Routine scheduling: every sponsor should expect at least one inspection in their sponsorship lifetime.
- Tip-offs: reports of suspected illegal working or non-compliance will normally lead to an inspection.
- Activity after a period of inactivity: organisations who have held a licence for a while, but not actively sponsored anyone can face a inspection to check modern processes.
- Sector-specific risk profiling: Inspections are more likely in some sectors than other sectors.
The Home Office have increased enforcement activity dramatically in recent years. The table below shows the huge increase in sponsor licences being revoked in the UK over the last 5 years:
What Happens During a Compliance Visit
1. Before the Visit — What You Might (or Might Not) Be Told
Announced visits: typically this involves receiving an email calendar invitation with a link to an online call. The invitation will also specify the documents that the Home Office request to receive by email prior to the online call.
Unannounced visits: an unannounced visit involves an inspector with or without immigration enforcement, depending on the nature of the inspection, arriving at your premises. They will instruct you of the reason for their visit
Usually, the Home Office want to see the Authorising Officer and we would also advise a person who has Level 1 User status who has most experience with the day-to-day use of the sponsor licence.
2. Documents and Records the Inspector Will Want to See
Sponsors can find a list of the documents that are expected to be retained and therefore auditable via this link.
In summary, the essentials that will be inspected are:
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🚨Right-to-work check records for all sponsored workers
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📜Evidence of the job the person is doing: such as contracts and job descriptions
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💵Evidence of the payments the worker is receiving: such as pay slips, evidence of pay roll payments.
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📂Process evidence for how workers are sponsored and how their circumstances are updated.
3. What the Inspector Will Ask
We retain a record of the general questions that have been asked in the inspections in which we have been present, so get in touch if you would like to find out more about a mock interview where we can prepare you for the questions that you can expect to be asked.
In general, questions are about:
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Your recruitment processes
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How you monitor sponsored workers' immigration status
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How you handle leavers, absentees, and role changes
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Questions about your Authorising Officer's understanding of sponsor duties
4. Inspecting the Workplace
In certain circumstances, where an inspection is 'in person', an inspector or a team of enforcement agents might enter a premises and seek to verify the status of every worker. I have had examples where enforcement teams have started at the top of a high street and walked through every shop, restaurant and office from one end to the other.
This can be very disruptive to businesses, such as restaurants at peak times, so it is important to make sure that every worker has a valid right to work check and that sponsorship duties have been followed in full.
It is also common for work addresses to change and the Home Office not be updated. What you want to avoid is an inspector arriving unannounced to a derelict office building.
Inspectors will seek to speak to sponsored workers too. It is very important that job roles align perfectly with job descriptions, Certificates of Sponsorship and that sponsored workers are also aware of what changes they need to report.
Common Reasons Compliance Visits Go Wrong
A perfect inspection usually involves:
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Anticipation and preparation for what documents and information will be requested
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Documents and information being easily accessible and clearly formatted
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Inspectors being greeted and treated politely and respectfully
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Any potential issues being recognised, flagged and remedial actions planned
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Key Personnel being available and up to date
This usually leads to a quick inspection and an inspector with positive feedback.
Issues will arise where sponsors appear disorganized, unfamiliar with sponsorship rules and duties, where there are inconsistencies between what is stated on a Certificate of Sponsorship and other documents, and where sponsors either appear incompetent or deceitful.
I have also seen visits that should have presented no issues lead to enforcement action simply because the sponsor has become impatient and frustrated with the Home Office leading to a break down in communication.
How to Prepare Before UKVI Arrives
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Prepare a 'mock audit' whereby you are asked the same questions and present the same documents to someone who is not the Home Office. This is always a great exercise for building confidence and for addressing any problem areas that might be exposed.
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Organise your documents so that they are ready to present. We recommend keeping a 'CoS Pack' or 'Compliance Pack', which includes a cover page that acts as a checklist of the documents and a note to identify where these documents can be identified.
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Creating a policy to share with all key staff so that they can be prepared and understand their role with regards sponsorship.
FAQs
Q. What happens if my Authorising Officer is on leave during a visit?
It is perfectly reasonable to suggest another time for a visit if the relevant people are not available, but the inspector will expect to be able to return very soon after.
Q. How long does a compliance visit typically last?
This usually depends on how large a company is, how complex it is to locate files, how organised a company is for the inspection, and the individual inspector, but usually it takes half a working day.
Q. Will UKVI visit again if the first visit was satisfactory?
Usually, any follow up to an inspection is managed via email, but with strict deadlines on when documents should be sent and received.
Preparation Turns a Stressful Visit Into a Routine One
The best defence against a negative compliance visit outcome is proactive, ongoing preparation, not last-minute scrambling. At least one mock audit is a great idea for understanding any blind spots and for being fully prepared for an inspection.
Read more:
Are You Ready for a UKVI Audit?
Sponsor Licence Compliance - What UK Sponsor Licence Holders Need To Know
Failure to report company updates is costing employers their sponsor licence
How we help
A well-prepared employer has nothing to fear from a Home Office compliance visit. If you want to ensure your organisation is ready, whether for a scheduled review or an unannounced inspection, a professional compliance assessment can give you confidence and identify any gaps before UKVI does.
Get in touch today to discuss how we can support with:
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Mock Audits
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Our Compliance Service, where we manage your sponsor duties all year round
