In an era marked by growing globalization, businesses frequently aim to draw in and retain talent from various parts of the world. For companies based in the UK, acquiring and upholding a Sponsor Licence stands as a crucial step in facilitating this endeavor.

In the process of acquiring and sustaining a UK Sponsor License, businesses face increasing scrutiny from the Home Office. An Immigration Audit emerges as a crucial tool in ensuring compliance and success in this challenging landscape.

In this article, we explore the concept of an immigration audit and discuss how our immigration lawyers can assist in carrying out an audit for your business. Additionally, we will delve into the Home Office inspection process and the repercussions associated with not meeting inspection requirements.

The Home Office employ various measures to ensure the enforcement of sponsors’ obligations and early identification of sponsors displaying dishonesty, incompetence, or any other inappropriate behaviour.

Potential actions that the Home Office might take include:

1. Decreasing your certificate of sponsorship (CoS) allocation.
2. Lowering your license status to a B-rating.
3. Temporarily suspending your license.
4. Revoking your license.
5. Canceling the permission for your sponsored workers to remain in the UK.
6. Reporting to the police or other relevant authorities if we suspect a criminal or civil offense has occurred.

To ensure ongoing compliance with the duties and responsibilities of being a licensed sponsor, the Home Office may undertake a compliance check.

This process may encompass various actions such as:

• Requesting additional documents or information from you
• Validating the documents and information you have provided
• Conducting on-site visits
• Performing a digital compliance inspection, which involves remote video conferencing interviews
• Coordinating checks with other government departments, agencies, or local authorities
• Taking into account any emerging information or evidence, such as during the assessment of applications from your sponsored workers or in response to public allegations
• Regularly checking with HMRC to verify that you are appropriately compensating your workers in accordance with the Immigration Rules and sponsor guidance.

The purpose of these checks is to make sure:

• Verify the accuracy and completeness of the information provided by the sponsor.
• Ensure the sponsor can genuinely offer employment.
• Confirm the sponsor’s authenticity, ensuring lawful operation in the UK.
• Assess whether there are grounds to believe the sponsor poses a threat to immigration control or has engaged in behavior contrary to the public good.
• Confirm the sponsor’s commitment to and actual compliance with all sponsorship duties.

During a compliance check, compliance officers will perform various checks and may conduct interviews with both you and your sponsored workers. This can occur through either an on-site compliance visit to physical locations where sponsored work is carried out, including third-party offices, or a digital compliance inspection.

The compliance officer may undertake the following actions:

• Verify information provided in your sponsor licence application, potentially including taking photographs of the business premises.
• Verify information submitted in support of any worker’s entry clearance or permission application.
• Ensure compliance with all sponsor duties, either during the check or beforehand if interviewed before the licence application decision.
• Interview sponsored workers, including those previously sponsored.
• Speak with employees or colleagues involved in the recruitment of sponsored workers.
• Inspect records and/or systems to confirm adherence to sponsor obligations and rules, such as record-keeping requirements outlined in Appendix D of the sponsor guidance.
• Conduct checks on other workers to ensure compliance with the obligation to prevent illegal working.
• Perform checks, including criminal record and civil penalty checks, on individuals falling under the general definition of ‘you’ (see Glossary in Part 1 of the sponsor guidance) or anyone associated with you, such as responsible employees who are not directors or Key Personnel, and financiers involved in the operation of your institution.

Following the completion of compliance checks, the Home Office will assess the outcomes and determine any necessary actions, which will be communicated to you in writing.

In cases where there is a breach or suspected breach of sponsorship duties, or if the Home Office perceives a threat to immigration control or a non-conducive impact on the public good, they will evaluate the situation and decide on an appropriate course of action.

For minor breach cases that can be corrected, and if you demonstrate willingness and capability to address them, the Home Office will typically provide support by downgrading your licence to a B-rating. They may issue a time-limited action plan outlining the necessary steps to retain your licence.

In more serious breach scenarios, indicating significant or systematic failings, ineligibility or unsuitability for holding a licence, or posing a serious threat to immigration control, the Home Office may choose to:

• Suspend your licence, with the intention of revocation, while further investigation takes place.
• Revoke your licence without prior suspension.

An immigration audit plays a crucial role in safeguarding your sponsor license in several ways:

Regular immigration audits help ensure that you are consistently complying with the rules and regulations associated with your sponsor license.

The audit process helps identify any potential issues or breaches in your sponsorship duties. By addressing these issues promptly, you can prevent them from escalating into more serious problems.

By willingly participating in immigration audits, you demonstrate to immigration authorities that you are committed to operating within the boundaries of the law. This can enhance your credibility as a responsible sponsor.

Through thorough checks and corrections, an immigration audit can help you avoid penalties that may be imposed for non-compliance with sponsorship obligations.

Regular audits give you the opportunity to proactively address any shortcomings in your compliance. This may prevent the need for the Home Office to downgrade your license or, in severe cases, revoke it.