For Tier 2 and Tier 5 licensed sponsors, informing the Home Office of any changes in circumstances is a core compliance requirement. If changes relating to the sponsoring business or sponsored employees are not reported in a timely manner, this can lead to a possible downgrading of the sponsor license rating, or if there is sufficient concern, suspension, or revocation of the license altogether. In this article, we will explain the reporting obligations of sponsor license holders and how the Home Office should be informed.
As current sponsor license holders will know, merely being granted a license is only the start of the journey. During the lifetime of the sponsor license, the Home Office will insist that you remain compliant at all times with their many rules and obligations and often make unannounced site visits to double-check. The latest sponsor license guidance document runs to over 200 pages, and when this is periodically updated, sponsors must update their processes and systems to accommodate any new compliance requirements. One of the primary requirements is that employers must report any important changes relating to their business or to a sponsored employee; these are referred to as a ‘change of circumstances’.
It must be remembered that the initial sponsor license is granted on the basis of the answers and information provided at the time the application was first submitted. Business-related changes that happen subsequent to the initial license being granted may mean that, for example, a different type of sponsor license is required (i.e. Tier 2 for long term staff rather than Tier 5 for short term temporary staff). Also, simply changing the type and size of the business may alter the amount of the immigration skills charged for each CoS assign.
The types of business changes which need to be reported include (but are not limited to) changes to the:
Furthermore, the Home Office must be informed via the SMS of key business events such as:
In most cases, business-related changes can be entered on the SMS, but if there is no SMS level 1 user in place, a change of circumstances form must be completed in the following circumstances:
In order to maintain compliance with sponsor license holder’s obligations, any important changes in circumstances relating to sponsored employees must also be reported to the Home Office via the SMS. The following must be reported within ten working days:
In most circumstances, a change of circumstance will not lead to action being taken by the Home Office (e.g. revocation of a CoS). If there are concerns that the sponsor license is not adhering to their obligations, are not reporting in a timely manner, not reporting fully when they should, or continuing to employ a non-EEA worker when they should not, the Home Office may conduct a compliance audit to ensure that the procedures and systems in place are sufficient. If you are concerned that this may happen, or if you have already received notification of a pending compliance review, it is advisable to engage the services of experienced immigration Solicitors who can expediently review your systems and help your business to prepare for a visit from the Home Office.
With all aspects of sponsor license management, complacency will put your ability to hire non-EEA staff at risk. Compliance is an ongoing process that requires continuous investment by your business in people, processes, and systems. Every person should know their role, and even in the absence of a member of your key personnel, your SMS reporting should never slip. It is also recommended that you have outside specialists, such as immigration lawyers, conduct regular unplanned compliance audits to make sure you can pass any Home Office visit with flying colours.
Tier 2 General Visa Compliance: How to avoid common mistakes employers make
Home office requirements and duties of a Tier 2 sponsor licence holder
It's a shame that you dont have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service. I would recommend them over and over again for anyone looking for an immigration advice. They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards.
I am glad that i instructed Reiss Edwards on my visa matter. It started with a 20 minutes free immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was relatively convinced he could win it. That made me quite secure. To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me.A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative. Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country. The process was long but was worth it. In the end, a big thank you to Reiss Edwards.
Investing over 2 million pounds is defintely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers that we'd be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind.
TI have just had British Citizenship application approved. Prior to making the application, i was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that i wasnt disappointed. The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not. At the end of the day, I have not received my British citizenship within 3 months. If anyone is looking for a good immigration lawyer to handle thier case, contact Reiss Edwards.
My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.We followed everything they asked us to do and in the end we won our appeal and got our spouse visa. We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them.
The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help.
I contacted Reiss Edwards to help me with my wife's UK settlement visa. They acted with utmost professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. He ensured that there was little to no room for error. At some point I thought he was over cautious. He remained calmed and continued to assure us on our immigration matter. Most people in his position would have panicked but he was calmed and continued to assure us. We received out positive outcome very quickly.
I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation.
Reiss Edwards is a top notch immigration service company. The way they handled our documentation and also the list of documents they sent was efficient and top quality. They helped us professionally throughout the process. We are very happy with the immigration advice we received from the team. We highly recommend them.
I used Reiss Edwards immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them.
This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again.
I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle.
My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team.
530 ReviewsREAD ALL REVIEWS