Sponsor obligations
Under the points-based immigration system, sponsors are required to obtain a licence enabling them to self-certify immigration approval. As part of this regime, sponsors are required to play their part in ensuring that the immigration system is not abused. All licensed sponsors are therefore required to fulfil certain duties. Some of these duties are generic and apply to all sponsors whereas others are specific to sponsors who are licensed under certain tiers or categories. Sponsors are required to adhere to these duties to make certain that immigration controls remain effective.
The objectives of these duties are to:
- prevent abuse of the assessment procedures;
- capture early, any patterns of migrant behaviour that may cause concern;
- address possible weaknesses in process which can cause those patterns;
- and monitor compliance with immigration rules
Compliance
DWi’s Immigration UK HR system auditing service has been assessed by the UKBA to provide support and advice to existing and prospective sponsors under the Points-Based System. The UKBA has confirmed that DWi is able to issue employers with a document, assessing the company against UKBA requirements.
During a DWI Immigration UK Compliance Audit our OISC Registered Advisors will evaluate the existing migrant worker arrangements; make recommendations for improvements and changes; provide a rating against UKBA standards and provide a comprehensive written report.
When assessing a sponsor, DWI will concentrate on five key areas relating to Human Resources systems and processes central to UKBA assessment criteria. These are: -
- Monitoring immigration status and preventing illegal employment
- Maintaining migrant contact details
- Record Keeping
- Migrant tracking and monitoring
- Recruitment practices and professional accreditations
Audit
Employer’s liability legislation places obligations on employers to assist in the prevention of illegal working. DWI’s Right to Work Audit services provide clients with a Statutory Excuse against any civil or criminal action brought under Section 15 of the Immigration, Asylum and Nationality Act 2006. This is achieved by providing a full audit and certification programme to identify, track and monitor all non-EEA workers under immigration conditions employed by the company. It is a vital component of any pre-employment check that the immigration status of all overseas nationals subject to immigration control is verified. Audit certification will ensure this process works transparently, effectively and guarantees the requirements of the legislation are met comprehensively.
In addition to maintaining compliance with the legislation, this service also ensures the licensed sponsor continues to meet its obligations under the points-based system.
