Sponsor Duties in the UK: How Long Are Employers Responsible for Skilled Workers?

The UK’s system of immigration imposes serious responsibility on employers who sponsor skilled talent. Gaining a sponsor licence is not a matter of getting foreign brains at hand—the obligation follows and includes constant legal and regulatory duty. From remaining immune to contravening the legislation of immigration to keeping good records, the responsibility falls on the employer throughout a sponsored employee’s employment journey. Not complying can have heavy price tags to pay, from hefty fines and the courts of law to sponsor licence revoked. This article examines the entire range of sponsor responsibilities, from the first visa application process to post-employment responsibilities, and how employers can stay compliant under the most recent sponsor licence guidance.

Employer Responsibilities from Day One

The instant an employer receives a sponsor licence and issues a Certificate of Sponsorship (CoS) to a worker, they are entering into a legally binding obligation with the UK Home Office. This obligation starts prior to the employee’s arrival in the UK and continues after the end of their employment.

Pre-Employment Obligations

Before an experienced worker begins their job, employers are required to ensure that they comply with all sponsorship conditions. This involves ensuring that the job satisfies the relevant salary levels and skill requirements. The Home Office sponsor licence guidance requires companies to maintain detailed records evidencing the authenticity of their sponsorship, including job descriptions, recruitment documentation, and evidence of genuine need for the job.

Employers also need to carry out extensive right-to-work checks, making sure all visa documentation is current before an employee starts work. Any lack of vigilance at this point can lead to serious compliance failures, triggering audits and possible fines.

Ongoing Compliance Throughout Employment

Once a sponsored worker is employed, the sponsor’s responsibilities continue for the duration of the worker’s visa. Many employers mistakenly believe that their obligations end once the worker is onboarded, but the reality is far more complex.

Monitoring and Reporting Changes

The Home Office requires employers to actively monitor their sponsored employees. This includes ensuring that:

The worker is fulfilling their job duties as described in the CoS.
Salary payments are at the necessary levels and are consistent with what was stated in the sponsorship application.
Any substantial changes, including promotions, changes of job location, or decreases in salary, are notified to the Home Office through the Sponsor Management System (SMS) within ten working days.

Not reporting such changes can lead to a sponsor licence revoked status, which bars the company from sponsoring any future workers.

Record-Keeping Duties

With the most recent sponsor licence regulations, companies are required to have updated records of all sponsored staff. Some of the required records include contracts of employment, documentation of work address, photocopies of passports and visas, and payment records for salary. The Home Office makes routine audits, even surprise audits, to ensure companies comply with these standards. Any lack of proper record-keeping might result in penalties or licence withdrawal.

Preventing Absconding and Unauthorized Work

Sponsors are required to monitor the attendance of their skilled workers and report any unauthorised absences. If a sponsored worker is absent from work for over ten consecutive days without authorisation, the employer is required to inform the Home Office immediately. Permitting a skilled worker to perform activities outside the terms of their visa can also lead to severe legal repercussions.

Post-Employment Responsibilities

Even when a talented employee quits their job, the employer does not automatically cease their duties. The Home Office imposes post-employment obligations to avoid exploitation of the immigration system.

Notification of the Home Office

Employers are required to notify the ending of a sponsored employee’s employment within ten working days. Whether an employee has resigned or been dismissed, or the contract has come to an end, this is a requirement. The employer is also required to maintain records of when and why the employee’s employment ceased.

Liability for Breaches of Compliance

If an employer is discovered to have violated sponsorship obligations—either during or after employment of the worker—the consequences could be drastic. If the Home Office finds a company to have not met the expectations of its obligations, the firm could be fined, sued, and possibly have its sponsor licence removed.

This video will answer all of your questions about sponsor licence.

How Long Does Employer Responsibility Last?

The duration of the employer’s responsibility for a skilled worker is determined by various factors, such as the nature of the visa granted and whether the employer still serves as the sponsor. Employer responsibility typically holds good until:

The employees’ visa expires, and they depart the UK.
The employee transfers to a new sponsor, and the Home Office approves the transfer.
The employer formally notifies the Home Office of the termination of sponsorship.
The business loses its sponsor capability through compliance default.

Avoidance of Compliance Traps

As complex as sponsor responsibilities are, it is important for businesses to approach compliance actively. This involves reviewing sponsor licence guidance on a regular basis, carrying out internal audits, and obtaining expert legal advice when needed.

Several companies prefer to engage immigration experts to help them in an ever-changing world of regulations. As sponsor licences receive more attention, legal advice can assist in reducing risks and ensuring accurate reporting on time.

Get professional legal services

Employer responsibilities for skilled workers in the UK extend far beyond recruitment. From initial sponsorship to post-employment obligations, businesses must comply with strict Home Office regulations to avoid penalties. Sponsor licence guidance is continually evolving, making it essential for employers to stay updated and proactive in managing compliance risks. For companies in need of assistance with sponsorship responsibilities, A Y & J Solicitors provides professional legal advice to guide employers through the intricacies of UK immigration law. Call us today to maintain complete compliance with sponsor licence guidance and safeguard your capacity to recruit international talent uninterrupted.

A Y & J Solicitors is a specialist immigration law firm with extensive experience in sponsor licence guidance. We have an in-depth understanding of immigration law and are professional and results-focused. For assistance with your visa application or any other UK immigration law concerns, please contact us at +44 20 7404 7933. We’re here to help!