Understanding Sponsor Licence Obligations

Securing a Sponsor Licence grants your organization the ability to hire skilled workers from abroad, but it also carries ongoing obligations. You must:

• Keep Accurate Records: Retain proof of right-to-work for every sponsored worker, such as copies of passports, visas, and Biometric Residence Permits (BRPs).
• Conduct Proper Checks: Follow Home Office guidelines to confirm each employee’s permission to work is valid and unexpired.
• Report Changes on the Sponsor Management System (SMS): Notify the Home Office of any alterations to a sponsored worker’s role, salary, or work address.
• Ensure Genuine Employment: Verify that each sponsored role meets the required skill level and salary thresholds, and that the role is not artificially created.

Right-to-work checks are a central element of these duties. Regardless of an employee’s asserted right to work, it’s your responsibility to verify and document their status correctly—before and, if applicable, during their employment.

Key Changes in the 2024 Right-to-Work Guidance

The Employer’s Guide to Right-to-Work Checks introduces updates and clarifications designed to make it easier and more transparent for employers to conduct right-to-work checks. Some highlights include:

• Enhanced Use of Digital Services: Employers are encouraged to use the online checking service for workers who have a digital immigration status (e.g., individuals with Biometric Residence Permits or status under the EU Settlement Scheme).
• Stricter Identity Verification: Greater emphasis on verifying an individual’s photograph and personal details, whether via a physical document or the Home Office’s digital portal.
• Clearer Guidance on Timing: The Home Office delineates specific deadlines for carrying out checks, often before the employment start date or when a visa is set to expire.
• Refinement of Acceptable Documents: Updates to which forms of documentation serve as valid proof of right-to-work, reflecting the UK’s evolving immigration landscape.

Staying up-to-date on these changes is imperative to maintain a compliant workforce and safeguard your Sponsor Licence.

Using the Online Right-to-Work Checking Service

An increasingly important aspect of right-to-work compliance is the Online Right-to-Work Checking Service, offered by the Home Office. This service applies to individuals who hold:

• A Biometric Residence Permit (BRP)
• Frontier Worker Permit
• EU Settlement Scheme (EUSS) status
• Certain other immigration statuses that can be verified online don’t stop at just record-keeping and reporting. The UK Home Office requires sponsors to remain compliant with all relevant immigration and employment rules, including:

How the Online Checking Service Works

1. Obtain a Share Code: The individual provides you with a share code generated via the Home Office online portal, along with their date of birth.
2. Access the Portal: Go to the official Right-to-Work Checking Service webpage and enter the share code plus the worker’s date of birth.
3. View the Individual’s Current Status: The portal will display details about the individual’s immigration status, including any work restrictions.
4. Verify Identity: Check that the photo on the digital profile is a true likeness of the individual you are hiring.
5. Retain Evidence: Print or save a digital copy of the check results, noting the date on which you conducted the check.nd up-to-date is paramount. The Home Office expects sponsors to log in regularly and ensure all information remains accurate. Only authorized personnel within your organization should have SMS access, with different levels of user permissions assigned as necessary.

Benefits of the Online Checking Service

• Accurate, Up-to-Date Status: The service reflects the individual’s most current status, minimizing the risk of outdated visa or permit information.
• Reduced Paperwork: You don’t have to collect or store copies of physical documents (such as passports), although you must still keep evidence of the online check.
• Improved Efficiency: Online checks can be quicker, allowing for faster onboarding processes while still ensuring compliance

However, not all employees will qualify for an online right-to-work check. If the individual doesn’t have a digital status, you must use the manual check process by reviewing original documents. In any case, always verify that the name, date of birth, and photograph match the person in front of you, and record or retain evidence that you conducted a check on a specific date.

Step-by-Step Right-to-Work Checks

Whether you’re using the online service or manual document checks, here’s a simplified process to follow:

1. Obtain the Required Documentation or Share Code
   • For manual checks, ask to see original versions of acceptable identity documents (passport, BRP, or UK immigration status documents).
   • For digital statuses, request a share code and the individual’s date of birth so you can use the Online Right-to-Work Checking Service.
2. Validate the Information
   • Compare Photos and Personal Details: Ensure the photograph in the document or online profile matches the individual
   • Check Expiry Dates: Confirm that visas or any temporary permissions to work are still valid.
   • Review Restrictions: Note any limitations (e.g., maximum weekly hours) and verify they align with the job you are offering.
3. Record the Check
   • Make a Copy or Screenshot: For manual checks, keep copies of the relevant pages of the passport or visa. For online checks, print or save the results page.
   • Date the Copy: Mark the date you conducted the check. This is crucial for your Statutory Excuse—your legal protection against civil penalties if the worker is found to be illegal later.
4. Follow-Up Checks (If Applicable)
   • If the worker’s permission to work is time-limited, schedule follow-up checks before their current permission expires.
   • If any changes occur (e.g., new passport or updated BRP), ensure your records reflect the most recent documents.

Common Pitfalls in Right-to-Work Compliance

Even diligent employers can encounter pitfalls that jeopardize their Sponsor Licence:

• Relying on Outdated Documents: Using expired passports or disregarding the expiration date on a BRP can invalidate your Statutory Excuse.
• Skipping Face-to-Face Verification: Failing to match the individual’s photo to the person in front of you—whether digitally or physically—can be seen as negligence.
• Conducting Checks Post-Employment Start: Right-to-work checks must occur before an individual begins working for you.
• Inadequate Record-Keeping: Misplacing or failing to store document copies, share codes, or check confirmations can lead to Home Office scrutiny.
• Ignoring Visa Renewal Dates: Sponsors who don’t track and follow up on visa expiration risk employing someone illegally if the worker doesn’t extend their permission on time.

By instituting structured policies, automated reminders, and thorough documentation procedures, businesses can substantially reduce these risks.

Maintaining Your Sponsor Licence Rating

Your Sponsor Licence rating (A or B) reflects your compliance performance. The Home Office actively monitors sponsors to ensure they remain trustworthy. To keep your rating high:

• Conduct Internal Audits: Periodically review your HR practices, focusing on right-to-work checks and record-keeping.
• Train Your HR Team: Keep all staff who handle recruitment and onboarding updated on the latest Home Office guidelines.
• Use the Sponsor Management System (SMS) Effectively: Report changes in a sponsored worker’s role, salary, or location promptly.