UK immigration blog news and updates from IQA Immigration Specialists
All licensed sponsors have a duty to prevent abuse of the visa system
Reporting Migrant Activity to UKVI - A Guide for Sponsors
After sponsoring a migrant worker and taking their contact details and copies of the relevant documents, it is important to remember to keep track of any changes that would need to be reported to UK Visas & Immigration. All licensed sponsors have certain duties (some specific to the category); the objectives of which are to prevent abuse of the system, monitor compliance and to feed information on any migrant behaviour patterns to the Home Office.
To ensure full compliance, sponsors will need to have HR systems in place to flag up certain activity. The following is a list of the main activity regarding sponsored workers, which must be reported via your Sponsor Management System (SMS) within 10 working days:
Start Date Delay
If a sponsored migrant does not turn up for their first day of work. In the notification, you must include any reason given for their non-attendance as well as their last known residential address, telephone number and personal email address that you have for them.
Termination of Employment
If a sponsored migrant’s contract of employment is terminated earlier than indicated on their Certificate of Sponsorship (CoS), (e.g. if they resign or are dismissed). You must include the name and address of any new employer that the migrant has moved to if known, as well as their last known residential address, telephone number and personal email address.
Note: UKVI will send them a letter and their visa, in most cases, will be curtailed to 60 days. They will be required to apply for a new visa or leave the UK within that period.
Withdrawal of Sponsorship
If you stop sponsoring a migrant for any other reason. For example;
- You become aware that they have moved into another immigration route that does not need a sponsor
- If they take a period of unpaid leave, (not including maternity / paternity / adoption leave or long term sick leave that is longer than one month).
You should also include the sponsored migrants last known residential address, telephone number and personal email address in the notification.
Significant Changes in Employment
Any significant changes in the sponsored migrant’s employment circumstances, such as:
- A promotion or change in job title, or core duties, (other than those which result in a change of SOC code and consequent change of employment application)
- A change of salary from the level stated on the CoS, other than changes due to annual increments or bonuses. Changes in salary due to maternity, paternity or adoption leave, or a period of long-term sick leave lasting one month or longer must also be reported.
- A change in their work location
Breaching Conditions of Leave
Any information that you know of, which suggests that a sponsored migrant is breaching the conditions of their leave.
Absences without Permission
Additionally, 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.
There are also other changes regarding your own circumstances that need to be reported. For full guidance, see the UKVI Tier 2 sponsor guidance:https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/428196/Tier_2__5_Sponsor_Guidance__v_1_1.pdf
If you have any questions on reporting migrant activity via the SMS, please feel free to make contact.