Retention of documents for sponsors
Registered Sponsors must retain prescribed information about their sponsored employees and their organisation processes.
The guidance at Appendix D has recently been updated with information relating to recruitment of a migrant workforce. There was previously a requirement to retain a prescribed set of documents to evidence recruitment of a migrant worker under Tier 2 General using the Resident Labour Market Test (RLMT). Where sponsors conducted the RLMT, for a migrant worker (under the old rules), they must retain those documents on file for the duration of that workers employment and for two years afterwards.
The new skilled worker visa does not have the same RLMT requirement or prescriptive evidence list, but there remains a requirement to show the role is a ‘genuine vacancy’. Sponsors should keep records of any recruitment activities, including interviews and references undertaken for a role being filled by sponsored migrant.
Retaining documents is one of the key sponsor duties. It is important that sponsors comply with their sponsor duties, as they agreed at the time of their licence application.
The Home Office sponsor team can conduct unannounced visits to the sponsor’s registered address at any time during the course of their licence. If they undertake a review and discover the sponsor is not complying with it sponsor duties, they can suspend or revoke the licence.
If you need assistance with any aspect of sponsorship management or compliance please contact Imelda Reddington: [email protected]. Our team has attended inspections with clients and avoided sanctions for minor breaches.
