Sponsor Licence Compliance Audit Considerations
Home Office conducts the sponsor licence compliance audit time to time to check sponsor follows compliance duties. UK employers have a duty to prevent illegal recruitment practices by identifying those employees that require immigrant worker credentials and ensuring that this documentation is up-to-date. Employers that fail to undertake this practice and employ workers without permission from the UK Visas & Immigration department can expect to receive an penalty and possible imprisonment once an audit has been carried out and illegal workers have been identified. To ensure this doesn’t happen to you and your business it is advisable to inspect your practices yourself and also have a third-party conduct check.
Conducting a self-inspection of your employees’ eligibility for UK employment is something you should carry out urgently and regularly. The consequences of being caught employing an illegal worker can be severe. If, as an employer, you are able to demonstrate that you made the correct checks to ensure the legality of your employment practices, your case should be considered favorably and would not attract any penalty to pay. The first step should be ensuring your HR department is aware of the complexities of those that are considered to be illegal workers, as the term does not just apply to those employees without a visa. Illegal workers can also be employees doing work that is not listed on their visa, students working over the prescribed number of hours on their visa, workers on a visitors or tourist visa and any employee with an expired visa. Monitoring the visa status of employees is one of a number of key aspects you can undertake to ensure compliancy.
Having a third-party conduct a mock or practice audit is also a recommended practice considering the penalties if employees are found to be working illegally. This is possibly the best way to ensure that you are confident of what to expect from an audit and not in breach of any immigration rules. When conducting a compliance audit ensure that the third-party you employ are aware of the guidelines, systems and documents that need to be checked and that they have some experience in facilitating audits effectively, yet not disruptive to the day-to-day activities of the business.
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.