PBS ONE YEAR ONE... Have you complied?
With the points-based sponsorship system just over one year old, most registered employers have yet to be audited by the UKBA.
However with the rate of new license applications now slowing down, the UKBA will soon have the time and resources to start visiting existing sponsors to ensure compliance.
During an audit visit, a UKBA representative normally asks to view HR files, check the payroll and interview existing migrant workers.
As an employer you will be required to show that you have a suitable right-to-work checking system along with adequate processes for reporting any changes to your migrant workers' circumstances.
If your organisation has issued certificates of sponsorship to migrant workers since November 2008, you must ensure that your reporting duties have been carried out.
These duties include reporting to the UKBA if:
- A sponsored migrant worker does not turn up for their first day at work - reporting must have taken place within 10 working days;
- A sponsored migrant worker is absent from work for more than 10 days -reporting must have taken place within 10 working days of the 10th day of absence;
- You stop sponsoring a migrant worker because their employment ends or any other reasons such as their moving into a different immigration category (i.e. spouse of a British national, Tier 1 General..etc) - reporting must have taken place within 10 working days;
- There are significant changes to migrant worker's job or salary - reporting must have taken place within 10 working days;
- If you have any information that suggests that the migrant worker is breaching the conditions attached to their permission to live and work in the UK - reporting must have taken place within 10 working days - reporting must have taken place within 10 working days;
- If there are significant changes taking place in your organisation such as for instance if you stop trading or become insolvent, change the nature of your business, are involved in a merger or are taken over. - reporting must have taken place within 28 working days.
In addition to complying with your reporting duties, you must ensure that all your migrant workers, whether sponsored or not, have the right to work for you in the UK.
In preparation for an official audit we would recommend that you have a full up to date list of all migrant workers including their name, nationality and the expiry date of their leave; evidence of each migrant worker's right to work in the UK; processes you have in place to maintain each migrant worker's contact details on an going basis; and the necessary paperwork to show that you have issued each certificate of sponsorship in line with the immigration rules.
As part of our services we offer a pre-audit visit to review your systems and processes for monitoring and reporting, check that you have issued your migrant workers' certificates of sponsorship correctly and ensure your foreign workforce's has the right to work in the UK.
If you would more information on pre-audit visit please contact our Immigration team.