This article is published by Nick Albin, Immigration Consultant at Migrate UK - an Immpact Legal Partner

Increased scrutiny from the Home Office regarding the acceptance of certificates of sponsorship (CoS) requests and sponsor licence applications

The care industry in the UK has seen increased scrutiny from the Home Office regarding the acceptance of certificates of sponsorship (CoS) requests and sponsor licence applications. With sponsor licence revocations and UKVI audits on the rise, it is crucial for care providers to understand the key compliance requirements and steps they can take to protect their business.

The Home Office has been specifically investigating whether sponsored roles reflect a genuine vacancy or if sponsored workers are fulfilling different duties. Several instances have been identified where sponsored care workers were found to be carrying out the role of carers instead of senior care workers, leading to licence revocations.

Care Home case examples:

• One large home operator had its sponsor licence revoked after a compliance review uncovered breaches, including paying a salary different from what was declared on the CoS and ineffective record-keeping.
• Another care home lost its licence when the Home Office determined that the duties of a sponsored worker did not match the job description on their CoS.
• In another case, a care home operator’s licence was revoked before a rearranged compliance visit took place, again due to concerns over genuine vacancy issues.

What may trigger a pre-licence or post-licence visit from the Home Office?

Common factors include the following:

• High risk sectors (hospitality, care, etc.)
• Online checks – Companies House, HMRC (PAYE records), relevant regulatory bodies, etc.
• Sudden increase in the number of sponsored workers
• Doubts of whether there is a genuine vacancy
• Business structures
• If an organisation has multiple branches
• Remote working
• External information available to the Home Office (tip offs)

How to prepare for a pre-licence visit

Preparing for a Home Office audit or visit is essential. Your organisation must demonstrate it has the right HR systems in place to meet the required sponsorship duties. The Home Office will focus on the following 5 key areas:

• Monitoring immigration status – keeping files up to date and ensuring visa expiries are being flagged in advance and steps taken to renew where appropriate.
• Maintaining migrant contact details
• Record keeping and recruitment practices
• Migrant tracking and monitoring
• General sponsor duties

The organisation in question must ensure all documents requested are available and the organisation is familiar with its content. Caseworkers may check files (usually they will request what they want to see ahead of the visit), and usually look at passport copies and Right to Work documents.

Undertake mock audits/interviews:

1. Check internal systems and policies are being followed up and any updates have been made and reported.
2. Have a policy document to make the sponsor position clear; and
3. Interviews are generally held with Key Personnel - caseworkers may check if the sponsor is aware of specific sponsor duties such as the events that trigger a report.

The organisation should ensure they have read the published sponsor guidance relating to the sponsor licence application and they fully understand the role and responsibilities in terms of monitoring immigration status, maintaining migrant contact, recruitment and record keeping, and migrant tracking and monitoring.

They should be able to provide the following documents:

1. A full staff list confirming full name, date of birth, nationality and position held within the organisation.
2. A job description for all roles they wish to fill through sponsorship. To include the skills required for the role and the skills, qualifications and experience required for the role.
3. A current or prospective contract of employment between the sponsoring organisation and the overseas national worker, that clearly sets out the signatures, work start and end dates, details of the job, working hours, work location and salary.

Avoiding Revocation: Prevention and Action

The best way to avoid an audit or licence revocation is prevention. However, if your organisation does face a sponsor licence suspension, challenging the decision effectively is critical.

Challenging a sponsor licence suspension is key:

• Ensure you have the evidence you need - from the client and the interview notes
• Challenge each point in detail
• Provide evidence if the allegation is incorrect
• Provide evidence of a change of policy if an allegation is correct
• Include a narrative about the importance of the organisation to the sector, and the need for overseas workers.
  
  

  As an employer in the care sector, it is essential to stay informed about Home Office requirements and take proactive steps to ensure full compliance.  Failure to do so could result in licence suspension or revocation, jeopardising your ability to sponsor overseas workers.

  Contact immigration legal experts

  If you need assistance with sponsor licence applications, audits, or challenging a Home Office decision, please contact Migrate UK on info@migrate-uk.com or call: 01235 645802 for more information and advice.