Tier 2 Compliance Audit Service
As a Tier 2 Sponsorship License holder you have certain responsibilities that you will need to ensure you meet with such as ensuring that you retain relevant documentation relating to each of the Tier 2 migrant employees and ensuring that you have adequate measures in place to ensure that you report any change of circumstances relating to your organisation or the Tier 2 migrant workers.
If you require assistance with how to meet with your Audit and Compliance duties as a Tier 2 Sponsor or would like to book a Tier 2 Compliance Audit, contact us now to speak with one of specialist immigration solicitors who will advise you on the steps to take.
Sponsorship Duties under Tier 2 of the Sponsorship License
Record Keeping – The sponsor is required to keep certain documents on file in compliance with UKVI policy guidelines. Failure to keep these documents may have an adverse affect on the company’s Sponsorship rating and continued ability to remain on the register of the Tier 2 Sponsorship License register.
Reporting – The Tier 2 Sponsorship License holder is required to report the absence of Tier 2 workers, when a Tier 2 worker terminates his employment, the sponsor stops sponsoring the migrant, a significant change in the migrant’s employment status and any breach of the Tier 2 workers visa conditions.
Compliance – As a License Tier 2 Sponsor you will need to ensure the following;
- That the tier 2 sponsored migrant you employ is legally entitled to do the job in question and has the relevant accreditation and is registered with the relevant professional accreditation;
- That you have the appropriate authority to conduct your business e.g. relevant professional accreditation;
- That you only assign Certificates of Sponsorship under the sponsor License to Tier 2 migrants who meet the relevant UKVI criteria;
- Ensure that your recruitment practice is in compliance with the UKVI policy guidelines and immigration rules.
Tier 2 Employer Duties
The Tier 2 Licensed Sponsor has certain reporting duties in relation to employing Tier 2 general and Intra – Company transfer employees. They will need to ensure that the Tier 2 migrant intends to, and is able to do the specified job for which he is sponsored, that the job offered is at least at the relevant NQF Level, that the Tier 2 Sponsor has carried our the requisite resident labour market test.
In relation to Tier 2 Intra – Company employees, you will need to ensure that the employee has been employed for the requisite period. As the UKVI constantly change their policies and procedures, it would be advisable to let a professional assist you with meeting your obligations.
Immigration Audit Services
We provide a Tier 2 Compliance Audit of your HR systems to ensure that you retain the necessary information in relation to your Tier 2 workers and that you have the necessary safeguards in place to ensure continued compliance as a Tier 2 Sponsor Licence holder so as to avoid the possibility of employing workers illegally and avoiding the imposition of Illegal Penalty Notice.
Non-Compliance and Revocation of the Sponsorship License
In certain instances the UKVI may downgrade or revoke a Tier 2 Sponsorship Licence if you fail to comply with the relevant UKVI requirements, examples in which a License will be revoked consist of the following;
- If the company gave also information on the Sponsorship License application;
- If the company ceases to be accredited or registered with the requisite professional body;
- If the company is sold, or goes into liquidation;
- If the court issues a bankruptcy order against the company; and
- If the company ceases to have an operating or trading presence in the UK.
Vincent Solicitors can assist with the following compliance and audit duties:
- Work with you to assist you to ensure that you have effective HR systems in place to ensure effective compliance with the UKVI;
- Arrange to carry out audits of personnel files and HR systems to ensure continued compliance;
- Ensure compliance of requirements by acting as the key contact and Level 1 user on the Sponsorship Management System;
- Assisting with requesting additional certificates of Sponsorships online and then assigning these to the relevant applicants;
- Assisting with Tier 2 general applications;
- Appealing any unfavourable findings after a UKVI audit inspection if required and providing legal representation;
- An annual review of your sponsored employees’ files to check compliance with duties under the Points Based System including record keeping, new employee checking procedures and reporting and recommending changes; and
- Keep you updated on the latest changes to the Immigration rules.
Vincent Solicitors and Affordable fees
We cater to the needs of our clients by offering affordable fees and the option of flexible payment terms. If you cannot afford to pay our fee in full at the time of your instructions, we are happy for you to pay in instalments; we will accept half of the agreed fixed fee at the time of initial instructions with the balance to be paid upon submission of the application.
Vincent Solicitors and SRA Compliance
We are a firm of solicitors that is authorised and regulated by the SRA to provide immigration advice. Your matter will be dealt with by qualified immigration solicitors from instruction through to completion of your immigration matter. Get in touch for a free initial consultation