Introduction
Navigating the UK’s immigration system is a critical responsibility for any organisation employing overseas workers. As the Home Office intensifies its scrutiny of sponsor licence holders, it is essential for health and social care providers to understand and implement robust compliance measures. This guide distils the latest requirements and best practices, equipping you to remain audit-ready and confident in your sponsorship duties.
Understanding UKVI Compliance
UK Visas and Immigration (UKVI) enforces the UK’s immigration laws and oversees the sponsorship system for foreign workers. Compliance is not optional—failure to meet requirements can result in severe penalties, including licence suspension, fines, and reputational damage.
Core Compliance Pillars
- Obtain a Sponsor Licence: Secure authorisation before employing non-UK nationals.
- Assign Certificates of Sponsorship (CoS): Issue a CoS for each sponsored worker.
- Meet Salary Thresholds: Ensure all sponsored roles meet or exceed the minimum salary requirements.
- Conduct Right to Work (RTW) Checks: Verify every employee’s legal right to work in the UK.
Right to Work Checks: The Essentials
Since December 2024, all employers must use the UKVI online system to confirm the right to work for overseas applicants:
- Share Code Generation: The applicant obtains a unique share code via the government portal.
- Status Verification: Employers use this code to check the applicant’s immigration status online.
Alternatively, original documents (e.g., passports, visas) may be checked against a prescribed checklist. Only after these steps can employment commence.
Sponsor Duties: Record, Report, Comply
1. Record
Maintain comprehensive, accessible records for each sponsored worker, including:
- Evidence of genuine recruitment (job ads, interview notes)
- Proof of qualifications (CVs, certificates, references)
- Payroll documentation (payslips, tax codes)
- Attendance and absence logs (leave, sickness, remote work)
- Up-to-date contact details
- Copies of all SMS-reported updates
- Passport and visa documentation
All records must be retained for at least two years after the sponsor licence expires.
2. Report
Use the Sponsorship Management System (SMS) to report key changes:
| Event/Change | Reporting Deadline |
| Worker fails to start employment | Within 10 working days |
| Unauthorised absence (10+ consecutive days) | Within 10 working days |
| Change in job role, title, salary, or location | Within 10 working days |
| Breach of visa conditions or criminal activity | Within 10 working days |
| Change in organisation details | Within 10 working days |
| Offshore worker arrival/departure | Within 10 working days |
| Company structure/ownership change | Within 20 working days |
| Insolvency event | Within 20 working days |
| Absence without pay/reduced pay (4+ weeks/year) | Sponsorship must cease |
3. Comply
- Only assign CoS for genuine vacancies.
- Do not recover sponsorship costs from workers.
- Appoint suitable, trustworthy key personnel (no contractors or individuals with criminal records).
- Avoid sponsoring individuals who pose a security risk.
The Sponsorship Management System (SMS)
The SMS is the central platform for managing sponsorship duties. Key personnel must be fully trained and keep their contact details current. Roles include:
- Authorising Officer: Overall responsibility for compliance.
- Key Contact: Main liaison with UKVI.
- Level 1 User: Day-to-day SMS management.
- Level 2 User: Optional, with limited permissions.
Note: SMS users cannot assign a CoS to themselves or close relatives. Contractors are not permitted as key personnel.
Sector-Specific Guidance
Health and Social Care
- CQC Registration: Sponsors must be registered with the Care Quality Commission and include their registration number in all applications.
- Displaced Worker Pool: Before sponsoring overseas care workers, attempt to recruit from the regional displaced worker pool and retain evidence of this effort.
Pre-Registration Nurses and Midwives
- NMC Registration: Nurses must complete Nursing and Midwifery Council registration within eight months of starting work. Failure to do so requires ending sponsorship.
- Salary Requirements: Pre-registration nurses may be paid below the general threshold for up to eight months (NHS Band 3 rates). Full salary compliance is required upon registration.
Preparing for a Home Office Audit
Audits may be announced or unannounced and can occur before or after a sponsor licence is granted. Preparation steps include:
- Ensuring all key SMS officers are available on-site
- Reviewing and updating HR files for compliance
- Verifying SMS records are current
- Seeking legal advice if needed
- Conducting mock audits to identify gaps
Audit Triggers
- Operating in high-risk sectors (e.g., healthcare)
- Changes in ownership or structure
- Requests for increased CoS allocations
- Failure to renew sponsor licence
Audit Focus Areas
- Active trading status
- Adequate, trained compliance staff
- Proper payment of sponsorship costs
- Salary threshold adherence
- Genuine vacancies and appropriate worker qualifications
- Accurate and complete record-keeping
What to Expect During a Home of Compliance Audit
- Interviews with Authorising Officer and Key Contact
- Review of recruitment and HR systems (RTW checks, contracts)
- Examination of financial records (bank statements)
- Possible requests for additional documentation
- Cross-referencing with HMRC and local authorities
Audits usually take two to three hours, but may last longer for larger or more complex businesses.
Consequences of Non-Compliance
- Suspension or revocation of sponsor licence
- Reduction in CoS allocation
- Downgraded licence rating
- Fines up to £60,000 per illegal worker
Key 2025 Immigration Rule Changes
- eVisa Requirement: From December 31, 2024, all overseas employees must use eVisas and provide share codes for RTW checks. Manual checks are no longer sufficient.
- Sponsorship Costs: Employers must cover all sponsorship-related costs, including CoS fees, Immigration Health Surcharge, and application fees.
- Salary Thresholds: As of April 2024, the minimum salary is £38,700 (or the job’s ‘going rate’ if higher), or £30,960 for roles on the Immigration Salary List.
- Care Worker Recruitment: From April 9, 2025, sponsors must engage with regional care partnerships and attempt to recruit from the displaced worker pool before hiring overseas care workers.
Embedding Compliance in Your Organisation
Proactive compliance is essential. Integrate UKVI requirements into your HR systems and processes to ensure readiness for audits and avoid last-minute scrambles. Regularly review your practices, train your staff, and seek expert advice when needed.
For further guidance or support, feel free to contact our team.
Godfrey Mushandu
Managing Director
Care Quality Support & Ultra Healthcare
London, UK
PLEASE SEEK LEGAL ADVICE FROM APPROVED IMMIGRATION SERVICES SUPPLIERS ON OUR SUPPLIERS PAGE-:
https://hscpn.org/suppliers-health-and-social-care/
