Compliance Tips for Sponsor License Holders and their HR Team: The Record You Must Keep to Prove Genuine Vacancy

As a Skilled Worker Sponsor License holder, it is crucial to maintain comprehensive records to demonstrate that the roles you sponsor are genuine vacancies.

Even if a formal resident labour market test is not required, you must retain detailed evidence of your recruitment activities or provide an explanation of how the worker was recruited.

Here are the essential guidelines to help you stay compliant:

1. If You Advertised the Role

When you advertise a role, you must retain the following documentation:

a. Details of Advertisements

A screenshot, printout, photocopy, or record of the text of the advert.
Information about where the job was advertised (e.g., website address) and the duration of the advertisement.

Note: There is no specified minimum number of adverts required, nor a prescribed advertising method. If you placed multiple adverts, retain evidence of all.

b. Recruitment Records

A record of the number of people who applied for the job.
A record of the number of people shortlisted for interviews or other recruitment stages.

c. Evidence of Candidate Selection Process

You must retain at least one additional piece of evidence showing how you identified the most suitable candidate. Examples include but are not limited to:

• A copy or summary of the interview notes for the successful candidate.
• A list of common interview questions used for all candidates as part of your selection process.
• Brief notes on why the successful candidate was selected and why other candidates were rejected.
• Information about any scoring or grading process you used to identify the successful candidate.
• Any other relevant information or evidence.

Note: You are not required to retain application forms, CVs, interview notes, or other personal data related to unsuccessful candidates.

2. If You Did Not Advertise the Role

In cases where you did not advertise the role, you must be prepared to explain (and provide evidence, if practicable) how you determined the worker was suitable. Examples include:

University Milk Round: If the worker was identified through a milk round (where permitted by the sponsor guidance), you must keep a letter from each university on their headed paper confirming the milk round, the dates it was conducted, and the method used – for example, presentation and/or interview method.

Existing Worker: If the worker was already legally employed by you on another immigration route, retain records demonstrating their performance and suitability for the new role.
Speculative Applications: If the worker applied outside a formal advertising campaign, document your assessment process (e.g., interviews, reference checks, or qualifications review) to show the worker’s skills and experience align with the job requirements.

Key Takeaways for Compliance

Transparency: Maintain a clear and comprehensive audit trail of your recruitment process.
Document Retention: Keep all relevant records for each sponsored worker, as outlined above.
Consistency: Follow a consistent approach in your recruitment practices to ensure fairness and compliance.
Preparation for Audits: Be prepared to provide this evidence if requested during a compliance audit by the Home Office.

Consequences of non-compliance

Failing to meet the record-keeping duties can have severe consequences. Breaches may lead to the revocation of your sponsor license, which would result in the loss of your ability to sponsor workers. Additionally, this could impact your existing sponsored workers, as they may lose their eligibility to remain and work in the UK. Ensuring robust record-keeping practices is not just about meeting regulatory requirements but also safeguarding your workforce and business operations.

By adhering to these guidelines, you can demonstrate the genuineness of your vacancies and ensure your compliance as a Skilled Worker Sponsor License holder. Maintaining robust records not only satisfies regulatory requirements but also strengthens your position as a responsible employer.

Also read: Sponsor License Reinstated after successful Judicial Review Victory, Safeguarding Client’s Business and Employees: https://narasolicitors.com/success-stories/sponsor-license-reinstated-after-successful-judicial-review/

Success Story: Suspended Sponsor Licence Reinstated for Care Provider: https://narasolicitors.com/success-stories/success-story-suspended-sponsor-licence-reinstated-for-care-provider/

How Nara Solicitors Can Help

Our Services Include:

Sponsor Compliance and Audit Services: Stay fully compliant with immigration rules by opting for a Home Office-style compliance audit conducted by Nara Solicitors. Our thorough audits replicate the standards and procedures used by the Home Office, ensuring your organisation is well-prepared for any official inspections.

Sponsor License Management: Assistance in applying for, renewing, or managing your sponsor license. Providing training and guidance to HR teams on sponsor duties and compliance.

Representations Against Suspension or Revocation: Filing representations against suspension or revocation to help you retain your license and continue operations.

Judicial Review Challenges: Challenging sponsor license revocations in the High Court through Judicial Review to protect your rights and address unlawful decisions.

For more information or to book a compliance audit, email us at sukhvinder@narasolicitors.com.