Care Providers Protect Your Business and Sponsor Licence: Compliance Tips

I’m helping employers in the UK with Sponsor Licence applications, Compliance Audits, representing them during Home Office Visits (pre- and post-licence), handling the suspension of sponsor licences, and challenging the revocation of Sponsor Licences through Judicial Reviews.

During audits, the common questions asked by Compliance Officers from the Care Providers relate to the skills, qualifications, and experiences of the Care Workers sponsored under the Skilled Worker route, and this has become a ground for suspension of Sponsor Licences.

A common mistake made by employers, especially when switching international students to Health and Care leave to remain, is that these students often studied non-health and social care qualifications. Without any further qualifications or experience in care, they are directly offered sponsorship. Employers often justify this by stating that after sponsorship, they provided mandatory training and shadowing. However, does this meet the requirements of the Home Office Guidance and Immigration Rules? The answer is NO.

This article discusses key compliance requirements and common pitfalls observed during compliance checks, particularly regarding the sponsorship of care workers.

Common Compliance Failures in Sponsoring Care Workers

One recurring issue involves the sponsorship of international students transitioning to Health and Care leave to remain, despite their academic qualifications being unrelated to health and social care. Employers often justify this by citing mandatory training and shadowing provided after sponsorship. However, this practice fails to meet the Home Office’s requirements under both Immigration Rules and guidance.

Relevant Immigration Rules

Paragraph SW 6.3(b) of Immigration Rules Appendix Skilled Worker states:

“Whether the applicant has the appropriate skills, qualifications, and experience needed to perform the job as described.”

Employers must demonstrate that sponsored workers possess the requisite skills, qualifications, and experience before sponsorship to ensure compliance with this rule.

Care Quality Commission (CQC) Standards

Employers in England must also adhere to standards established by the Care Quality Commission (CQC) under the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (Health and Social Care Regulations). One key requirement is Regulation 19(1)(b), which states that the persons employed for regulated activities must possess the qualifications, competence, skills, and experience necessary for their roles. The Regulations provide that recruitment procedures must effectively ensure compliance with these standards.

Similar health and social care regulations may also be found in Wales, Scotland and Northern Ireland. Employers operating in these regions should consult the respective regulatory bodies: Care Inspectorate Scotland, Care Inspectorate Wales and the Regulation and Quality Improvement Authority (RQIA) in Northern Ireland.

However, the same immigration rules regarding sponsoring a worker are applicable throughout the UK and must be complied with by the Sponsor License Holders.

Implications of Non-Compliance

Breach of SW 6.3(b) or failure to meet the Health and Social Care Regulations can result in severe consequences, including:

·       Suspension or revocation of the sponsor license by the Home Office, and compliance action by the regulator

·       Reputational damage and operational disruption.

·       Losing Sponsored Care Workers and business

·       Expensive Litigation Costs

Example Suspension Letter

Key Compliance Tips for Employers

1. Conduct Thorough Pre-Sponsorship Assessments: Verify and document that sponsored workers meet the skills, qualifications, and experience requirements before sponsorship.

2. Maintain Accurate Records: Keep comprehensive records, including job descriptions, qualification certificates, and work references from previous employers.

3. Align Recruitment Practices with Regulations: Ensure recruitment procedures comply with both Immigration Rules and Health and Social Care Regulations.

4. Prepare for Audits and Visits: Regularly conduct internal compliance audits to identify and address potential issues before Home Office inspections.

Conclusion

Employers sponsoring workers under the Skilled Worker route must prioritize compliance, ensuring that care workers possess the necessary qualifications, skills, and experience before sponsorship, which is crucial to avoid suspension or revocation of the sponsor license. By adopting robust recruitment practices and maintaining thorough documentation, employers can meet their legal obligations and support the UK’s immigration system’s integrity.

Also Read:

• Sponsor License Reinstated after successful Judicial Review Victory, Safeguarding Client’s Business and Employees
• Success Story: Suspended Sponsor Licence Reinstated for Care Provider

How NARA Solicitors Can Help

Navigating the complexities of the UK immigration system requires expert guidance. At NARA Solicitors, we offer:

1. Sponsor Compliance and Audit Services Stay compliant with immigration rules by opting for a Home Office-style compliance audit.
2. Sponsor Licence Management Assistance with applying for, renewing, or managing your sponsor licence, including HR training on compliance.
3. Representations Against Suspension or Revocation Filing representations to help retain your sponsor licence and keep your business operational.
4. Judicial Review Challenges Challenging unlawful decisions in the High Court to reinstate revoked sponsor licences.

Book a Compliance Audit: Know how to meet the requirements of the Immigration Rules and Health and Social Care Regulations by scheduling a professional compliance audit.

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Disclaimer: This article is for informational purposes only and should not be considered legal advice.