If you’re a visa sponsor under Tier 1 or 2 of the Points-Based System, have you received your Home Office reminder to submit your annual CoS request?
Now is also a good time to remind yourself of your reporting requirements in respect of sponsored workers to ensure you are compliant with your obligations to the Home Office. You are required to report certain information using the Sponsorship Management System within specified time periods.
You must report the following within 10 working days:
- if a sponsored migrant does not turn up for their first day of work – you
must include any reason given for their non-attendance, for example, a
missed flight - if a sponsored migrant’s contract of, or for, employment or services, or
registration with a relevant body, is terminated earlier than shown on their
certificate of sponsorship (CoS) – for example, if the migrant resigns or is
dismissed; you must include the name and address of any new employer
that the migrant has moved to, if known - if you stop sponsoring a migrant for any other reason, such as:
– you become aware that they have moved into an immigration route
that does not need a sponsor
– they are absent from work without pay for 4 weeks or more, and this
absence is not covered by the exceptions in ‘Unpaid leave and
reductions in salary’ - if there are any significant changes in the sponsored migrant’s
circumstances, for example:
– a promotion or change in job title, or core duties, other than those
which need a change of employment application
– a change of salary from the level stated on the CoS, other than
changes due to annual increments or bonuses
– a change of salary from that stated on the CoS for one of the reasons
given in the ‘Unpaid leave and reductions in salary’ section
– the location they are employed at changes – this includes where a
sports player moves on loan - if a sponsored migrant’s employment is affected by TUPE or similar
protection – for example, if you are involved in a merger or demerger - if the size of your business changes from small to large or vice versa
If you are reporting any changes referred to in the first three bullet points above, you must include the last recorded residential address and contact telephone number for the migrant, and any personal email addresses you have for them.
If a sponsored migrant is absent from work for more than 10 consecutive
working days without permission, you must report this within 10 working days
of the 10th day of absence.
If there are any significant changes in your own circumstances, for example, if you sell all or part of your business, stop trading, go into administration,
substantially change the nature of your business, are involved in a merger or
are taken over, you must report this within 20 working days.
You must give the police any information that suggests any migrant you are sponsoring, or endorsing under any tier, may be engaged in terrorism or
criminal activity.
You must report details of any third-party intermediary, whether in UK or abroad, that has assisted you in the recruitment of migrant employees.