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Immigration Update May 2022

Posted on May 01, 2022 by jsw  | Tags: Immigration

We are aware that the Home Office’s Sponsor, Assurance and Investigations Team have contacted some sponsor licence holders by email to warn of inactivity on their Sponsorship Management System.

Sponsor licence holders are required to keep their SMS records up to date, or risk enforcement action. This includes ensuring your key personnel details are up to date.

Please note that it is a condition of your sponsorship licence that records are kept up to date.

You need to access your SMS account regularly to review and update your licence details and to keep up to date with the latest news, messages, and any changes that may be coming up. We recommend that your Level 1 User accesses your account at least once a month.

You must have at least one Level 1 User who is an employee, a partner or a director. If you have more than one Level 1 User, any additional Level 1 Users must be one of the following:

a paid staff member or office holder within your organisation
an employee of a third-party organisation engaged by you to deliver all or part of your HR function
a UK-based representative
Please review your current list of Level 1 Users and also the contact details of your Authorising Officer and Key Contact as shown on your sponsor licence. If any amendments are required, please ensure that these are undertaken on SMS within the next 10 working days.

Sponsors should consider the email as a warning to address potential compliance breaches and avoid further investigation or attention from the Home Office.

If you receive this email from the Home Office, it is advisable to take action quickly to assess the current status of your licence.

Check your key personnel details – has anybody left and needs to be replaced on the system?
Check all contact details are correct and up to date.
Use the Change of Circumstancesform to notify of relevant changes.
Have a process in place requiring the level 1 user to log in to the SMS at least once a month to check details.
 
While the email doesn’t make clear the consequences of failing to act, we do know that under the sponsorship rules, employers can face enforcement action if they fail to meet their compliance duties. This could include suspension or revocation of the licence, which will impact your ability to continue employing sponsored workers.