Immigration Audit & Action Plan

The Home Office may conduct a premises audit on licenced sponsor organisations either as part of pre-licence checks or compliance visit further to licence approval. This is to make sure that the information provided as part of the sponsor licence application is accurate and that organisations are able and continuing to comply with the duties and responsibilities of a licensed sponsor.

Home Office compliance visit

The compliance officer visiting the business premises may give prior notice of the visit or come unannounced. The compliance team will be assessing the organisation, it’s practices and the facts given on the initial application or any other changes on the sponsor management system. They will generally be assessing the below.

  • Genuineness of the business and whether they are lawfully operating in the UK
  • Compliance with sponsor duties and obligations
  • Ability to control and manage the sponsored employees
  • Cross check any information previously provided to the Home Office
  • Assess whether the employment offered are genuine and at the right skill level
  • Check whether the organisation poses any threat to Immigration control
  • Maintain record keeping, reporting and immigration status monitoring processes
  • Check if the Key Personnel are upto date and fit to be in that position
  • Ensure migrant workers are carrying out duties only as listed on the CoS

The compliance visit may last from 3 to 5 hours and any migrant workers and key personnel may be interviewed as part of the process. The compliance officer will not normally inform the outcome of the visit during the audit and it is normal for them to request some business documents to be sent to them after the visit. If the compliance visit finds any issues, the new licence application will be normally refused and any licence already granted may be suspended or revoked. In some cases, the Home Office might decide to downgrade the organisation’s A rating to B rating, and provide an action plan for the organisation to gradually go back to the previous rating.

Our service extends to all aspects of sponsorship, including conducting a mock immigration audit prior to any Home Office visits. Our mock audit provides the HR managers and Key Personnels valuable insights into Home Office practice and procedures and ensure sponsor compliance at levels. Our mock audit may include the below.

  • Check the organisation’s HR and Recruitment procedures and assess the practices against the standard expected by the Home Office
  • Assess the organisation’s document management and record keeping practices
  • Review sponsored worker’s employee files to check any deficiencies
  • Speak to Key Personnel and migrant workers and assess whether everyone is aware of the Tier 2 or 5 criteria as applicable
  • Ensure organisation is carrying out Right to Work checks properly
  • Check whether the employment contract/terms are in compliance with Home Office guidance
  • Ensure the organisation is documenting employees working in third party sites correctly by retaining sufficient control of their activities

Following the mock audit, we will deliver a full report and action plan, which will include our professional advice on how to enhance existing procedures. We are a multi-award-winning law company that prides itself on being personable, inventive, and constantly going above and beyond to ensure that our clients receive the personalised attention they deserve. We have the honour of working with some of the world’s most well-known corporations. Our Immigration team has a strong reputation and is dedicated to providing our customers with clear, straightforward, and trustworthy guidance.