Take care with your Tier 2 Sponsor License – Be compliant & keep your workforce
A number of large, high profile organisations have lost their Tier 2 Sponsor licence in recent months. The cases of De Vere Care Homes and the London School of Business and Finance, both of whom have fallen foul of the Tier 2 visa regulatory framework, show that even well-established and sizeable concerns are bound to take their responsibilities extremely seriously.
The suspension of a Tier 2 Sponsor licence not only has immediately damaging repercussions for the business involved, it also immediately removes the access to income of those employees affected. The longer-term reputational damage to the business is also a significant effect of licence suspension or removal.
Various hearings have made it clear that the requirement to maintain wholly accurate and up-to-date records of all aspects of workers’ conditions – including the logging of their home addresses and contact details – are absolute. Any relaxation in the application of the rules determined by the much criticised UKBA is likely to see a licence suspended pending further enquiries.
Increasingly, UKBA staff are performing spot checks on businesses which gives little if any time to make good any inaccuracies or out-of-date information. The detailed nature of this scrutiny should not be underestimated. Job function, salary, place of work, duties and responsibilities are all required to be consistent at all time with the original Certificate of Sponsorship. Any changes are required to be declared to UKBA by means of a formal ‘Change of Circumstance’. Licence holders have a maximum of ten days in which to give notice of such changes. An online tool – the Sponsor Management System – is in place to facilitate this.
There may, of course, be a world of difference between having such a tool available and actually using it. Under the current regime, allowing such a distinction is to put the entire licence – and hence the future of the business holding it – in jeopardy. The bottom line in this scenario is straightforward: be compliant and keep your workforce.
YDVISAS specialise in all visa categories and are specialist immigration lawyers in the UK. Please contact the expert team at YDVISAS, should you need any professional help with your visa application.