A SL is issued to UK organisations to sponsor overseas nationals if the organisation cannot recruit from the UK settled work force. The Home Office has the right to remove the organisation SL if they feel the organisation is not complying to the 5 key areas:

1. Reporting duties 
2. Record-keeping duties
3. Complying with the immigration laws
4. Complying with wider UK law
5. Not engaging in behaviour or actions that are not conducive to the public good.

A SL can be issued to UK organisation who want to sponsor workers under long-term or short-term visa routes. Sponsors can also be training institutes sponsoring students.

A SMS is a cloud-based platform owned by the Home Office. 

If the Home Office approves the organisation SL, they will issue access to the organisation approved Level 1 User.

The Home Office will authorise the following types of people to access the organisation SMS:

• Level 1 User
• Level 2 User

Every organisation that is approved to hold a SL, they must have one Level 1 User on their payroll. The organisation can add additional Level 1 Users and they can be a legal representative or other employees.

The Org should only approve competent people to access their SMS.

Level 2 Users have limited access and responsibilities.

You can assign the following:

• Authorising Officer
• Key Contact
• Level 1 User
• Level 2 User
• Representative

Authorising Officer Role

The Authorising Officer does not have automatic access to the organisation SMS. If the Authorising Officer needs access, they must be set up as a Level 1 or Level 2 User. This will mean they will have two roles, Authorising Officer and Level 1 or 2 User. An Authorising Officer must be an employee of the company and based in the organisation SL address with the Home Office. The Authorising Officer is accountable for ensuring the assigned KC and Level 1 and Level 2 Users are competent to manage sponsored workers employed and the use of the SMS and dealing with the Home Office. If the Authorising Officer leaves the organisation employment or, they prefer to appoint someone else, the organisation SMS must be updated immediately and sign-off a printable PDF and post or email to the Home Office.

Key Contact Role

The Key Contact is usually the person who acts as the main contact between us and you. We will contact them if we have any queries about your sponsor licence application, the documents sent, or the payment. The Home Office may also contact the organisation Authorising Officer if necessary. The Key Contact does not have automatic access to the organisation SMS. If an organisation employee requires access to their SMS, they will need to be set up that employee as a level 1 or level 2 user.

Level 1 User Role

The Level 1 User is responsible for carrying out the organisation day-to-day sponsorship activities using their SMS. Each Level 1 User will be provided their very own User ID and password. 

Level 1 Users can perform the following actions in SMS:

• assign and cancel CoSs assigned to sponsored workers.
• request annual CoS allocation.
• request additional CoSs to annual allocation.
• request for additional level 1 and add level 2 users to be approved to access the organisation SMS.
• request for level 1 users and level 2 users to be deactivated.
• update the Home Office about minor changes to the organisation business and sponsored workers.
• update changes of circumstances on the SMS.
• report worker activity such as sponsored worker goes missing or does not come to work.
• report changes to work addresses
• report changes to user details
• view information about the organisation SL and key personnel
• access key messages the Home Office posts from time to time
• apply to renew the organisation SL and track the progress of their application
• apply for premium customer service and track the progress of their application.

The organisation must have an ‘active’ A Level 1 User at all times.

G4I can only be added as a Level 1 User once the SL is approved and G4I cannot replace the Org Level 1 User. The organisation Level 1 User can only add G4I as a Level 1 User.

Level 2 Users Role

The Level 2 user has limited responsibilities and can only carry out certain things has shown below. A Level 2 User is normally assigned to a person within a branch.

A Level 2 user can:

• create and assign CoSs to sponsored workers.
• report sponsored workers activity only to CoSs they have assigned or, if transferred from a Level 1 User.

Representative Role

A Representative role is defined by who they are and where they are based.

A Representative must be based in the UK, the representative must be qualified to provide immigration advice or services in accordance with section 84 of the Immigration and Asylum Act 1999 which means they must be either a regulated by the Office of the Immigration Services Commissioner (OISC); or exempt by Ministerial Order from the requirement to be regulated; or otherwise compliant with section 84; or regulated member of a designated professional body or designated qualifying regulator, or working under the supervision of such a person – for the purposes of the Immigration and Asylum Act 1999, the designated bodies and regulators are the:

• Legal Services Board (which has oversight of the Law Society, the Solicitors Regulation Authority, the Chartered Institute of Legal Executives, and the Bar Council)
• Law Society of Scotland
• Faculty of Advocates
• Law Society of Northern Ireland
• Bar Council of Northern Ireland.

The organisation can appoint a Representative to be a KC and Level 1 User.

Note: A Representative cannot be appointed the Authorising Officer.

The 5 key areas are:

1. Reporting duties 
2. Record-keeping duties
3. Complying with the immigration laws
4. Complying with wider UK law
5. Not engaging in behaviour or actions that are not conducive to the public good.

1. Reporting duties

When a UK organisation sponsors overseas workers, they must report certain information or events to their SMS. This must be done with 10 working days of the event happening. Events can be:

• Leave to Enter or Leave to Remain visa being refused and overseas worker not turning up for work; or
• Leave to Enter or Leave to Remain visa being refused and overseas worker submitted an Administrative Review or Appeal; or
• Visa approved but overseas worker not turning up for work; or
• Overseas worker decided after stared work, not to turn up for work again; or
• Overseas worker working at a different address within your SL approved group; or
• Sponsored worker stopped working for you; or
• Sponsored worker still working for you but now holding a different visa type such as Indefinite Leave to Remain or worker switched into a different visa route such as the family route. These are some examples when you must update the SMS; or
• Sponsored worker on a job contract and the worker contract ceases or they move to a different organisation premises.

Note: If the overseas worker has a major change in salary or major reduction or, the worker obtains shares in the business, these may need to be declared but before agreeing anything with the sponsored worker, contact G4I for guidance.

2. Record-keeping duties

A holder of a SL must hold certain documents about their business and each sponsored worker. For sponsored workers, the organisation must keep the file for one year has passed from the date on which the sponsorship of the worker, or the date on which a Home Officer compliance officer has examined and approved them, if this is less than one year after the organisation ended sponsorship of the worker. The organisation can keep records either in paper or electronic format or combination of both.

Note: G4I recommends keeping sponsored workers files longer in case the organisation is accused of employing illegal workers. HMRC and other government bodies and regulatory bodies can also audit your organisation and employees’ files so keep the files in accordance with GDPR compliance. 

Appendix D is the document guide on what to keep and how to keep records for sponsored workers.

3. Complying with the immigration laws

This section also includes all parts of the Worker and Temporary Worker sponsorship guidance. This means the organisation should only ever engage sponsored workers that are:

• Appropriately qualified
• Registered if applicable to do the job such as a qualified nurse, doctor or security guard
• Experienced to carry out the duties at jobs at or above RQF Level 3.

The organisation must ensure all documents that require renewing must be renewed and if an overseas worker needs permission to work such as a nurse or doctor, if their permission to work ceases from the regulatory body, the organisation must stop obtain legal advice to prevent illegal employment.

Never engage overseas workers to do work they not qualified to do or work outside of their assigned CoS/DCoS occupation code unless exempt or, assign an occupation code to a CoS/DCoS to an overseas worker if the worker is not qualified to do that occupation code or, manufacture a job to specifically hire an overseas worker that needs sponsorship. This might fall under the job not being a genuine vacancy.

If the sponsored worker is assigned to a third-party on contract, never allow that third-party business to dictate and control your sponsored worker and ensure that third-party is aware the worker is being sponsored by you and that third-party cannot contact your sponsored worker to another third-party.

4. Complying with wider UK law

This section can fall under UK employment law, GDPR, Equality Act 2010 etc. The Org must pay at least the National Minimum Wage, pay holiday and sick entitlement, comply to pension scheme and, not asking employees to pay for the organisation for equipment and clothing to do the job that is asked of them. Ensure the organisation business and employee licenses are kept up to date and compliant. Ensure the working environment is a safe place to work and if the organisation workplace must fall in line with Health & Safety specifically Covid-19 guidelines, never put the sponsored workers or any employee at risk.

5. Not engaging in behavior or actions that are not conducive to the public good

The Home Office expects all organisations to behave in a manner that is consistent with their fundamental value and is not detrimental to the wider public good. SL licence applications will be refused based on this or revoked if the Home Office suspects this. Examples of this include:

• fostering hatred or inter-community division
• fomenting, justifying or glorifying terrorism
• rejecting the rights of, or discriminating against, other groups or individuals on the basis of their sex, age, disability, gender reassignment, sexual orientation, marital or civil partnership status, race, or religion or belief (including lack of belief).

When a organisation applies for a SL, documents may vary as organisations could fall under any of these types:

• Limited company
• Limited liability partnership
• Sole trader
• Charity
• Partnership

Some businesses will have additional properties where staff are employed and some businesses have multiple trading entities including overseas businesses. These all can be linked under one or multiple SL.

Depending on your SL type and business structure, below is a guide to document types:

• Employers Liability Insurance
• Latest Audited or Annual Accounts (bound, stamped and certified)
• HMRC VAT approval letter or latest VAT return
• HMRC PAYE
• HMRC (Pension Opted In or Out)
• Business bank letter confirming when Org business account was set up
• Business bank statements.
• Evidence ‘Linking’ Head Office & Branches to one SL
• Evidence 'LInking' between UK and overseas business entity
• Evidence linking overseas businesses (Intra-company visas only)
• Hierarchy chart
• Charity licence
• Insurance, Banking CAA, CQC, Educational, FCA, Firearms, Gambling, Health & Safety/Food Hygiene, Import/Export license to trade overseas, ISO, SIA and Government licenses etc
• Menus and wine lists if your business serves food and drink
• Brochure of your business that you hand out to your Org
• Evidence of employment contract, job description and pay slips of existing employees switching into a short or long-term visa
• Evidence of new overseas workers wishing to be sponsored
• Vehicle license.

Up until 30 November 2020 organisations who had a SL would have to carry out a 28-day RLMT before assigning a CoS to a non-EU national unless the RLMT was exempt. From 1 December 2020 the RLMT is only compliant if the organisation wishes to sponsor an overseas worker under Religious Worker visa (T5) however, see job posting compliance below on how the Home Office can still B-Rate, Suspend and Revoke your SL.

As from 1 December 2020, the organisation no longer must comply to the RLMT rules unless sponsoring under Religious Worker visa (T5) however, the Home Office still expects the organisation to try and recruit UK settled workers first or overseas workers that do not require sponsorship.

To avoid Home Office accusing the organisation
of favoring sponsored workers, G4I recommends the organisation creates an account on Find a job formerly the Jobcentre). It is 100% free to create a government gateway account and post job vacancies. Post any job at or above RQF Level 3 (different rules apply to Scotland) just in case any application being received needs sponsorship.

G4I recommends the organisation posts the job on another recognised job board such as Indeed or other similar highly recognised job board. 

Note: Local newspapers and smaller outlets that allows the organisation to post jobs is unlikely to satisfy the Home Office compliance officers unless you posted the job vacancy on the likes of find a job and indeed.

Keep a record of the job advert URL link, full screen grabs of the actual job vacancy posted, all applications received and grade each application if suitable for the job, if interview by telephone, face to face or by video, log all interview notes including how you did the right to work check and evidence they could do the job advertised. Whoever the organisation sponsors, log the evidence in the sponsored worker HR file so if audited, it is at hand to present to the Home Office compliance officer for their audit.

Note: G4I has designed their own in-house recruitment cycle that can help protect the organisation. This recruitment Cycle covers the process to correctly posting a job vacancy correctly, how to record applications, engagement types, documents to correctly file, right to work to employment termination.

Every organisation has an obligation to file employee documents, record data and keep records up to date in relation to UK employment and immigration laws. If the organisation is regulated by other bodies, they are likely to have their own recordkeeping regulations. 

Note: The organisation must ensure that they collect, store and process these records securely in line with ICO (GDPR) Data Protection Laws.

The Home Office and their compliance officers would expect to see sponsored workers and any employees holding a Home Office right to work evidence to be in order, up to date including timesheets where sponsored workers are currently working. The organisation must ensure all migrant workers employed follow these guidelines regardless of if sponsored or not.

The organisation must keep certain documents for every sponsored worker for SL compliance but in essence all employees filing should reflect below in case of employment disputes. If the Home Office requests this evidence, then the organisation must be able to provide the information ‘there and then’. Types of data and documents the organisation should keep:

• RLMT /Job Advertising evidence to employ the sponsored worker.
• CV and if applicable job application covering letter
• Qualifications
• Licenses/badges to work
• Accreditations and other evidence to demonstrate ability to do the job
• Employment references
• Interview notes
• Medical check and questionnaire if applicable
• Right to work checks
• Employment contract / B2B contract if applicable and changes to working conditions
• Job description
• Payslips and salary changes
• Timesheets / Absent reports
• Annual leave records
• Timesheets.

On the 25 May 2018, GDPR new laws were introduced and tighter regulations regarding how ‘personal data’ is held on people within the EU. Even though the UK has left the EU, British people still fall under GDPR. Organisations who do not comply to GDPR and who are found to be in breach, can be fined 10m or 20m EURO penalty, learn more. In essence, Orgs must only keep essential data on their staff.

Employees of the Org are entitled to receive a copy of information held about themselves and can seek compensation for damage or distress suffered as a result of a breach of the Data Protection Act. The Information Commissioner's Office also has the power to issue monetary penalties to Orgs for serious breaches of the Act. This means that the Org should take care when recording information about their staff.

What are Certificate of Sponsorship (CoS)?

A CoS is not a paper certificate or a document, but a virtual document, like a database record. 

A CoS comes in three types, we have:

1. CoS
2. Undefined CoS (formerly Unrestricted CoS)
3. Defined CoS (formerly Restricted CoS)

Most visa applications fall under CoS but if overseas national is applying under Skilled Worker or Intra-company visa, their CoSs fall under two different types of CoS, we have Defined and Undefined.

Who can be assigned a CoS, UCoS or DCoS? 

A CoS can be assigned to any of these visa types:

• Intra-company visas
• Minister of Religion visa (T2)
• Sportsperson visa (T2)
• Short-term work visas
• Temporary Worker - Charity Worker visa (T5)
• Temporary Worker - Creative and Sporting visa (T5)
• Temporary Worker - Government Authorised Exchange visa (T5)
• Temporary Worker – International Agreement Worker visa (T5)
• Temporary Worker - Religious Worker visa (T5)
• Temporary Worker - Seasonal Worker visa (T5)
• Youth Mobility Scheme visa (T5).

Once the CoS is assigned, the Org can help the sponsored worker apply for their leave to enter or leave to remain visa application.

What is a UCoS? 

If the sponsored worker has permission to apply from within the UK, they can apply under UCoS if the following applies:

• CoS falls ‘Skilled Worker (includes Health and Care Workers) visa route
• The sponsored worker is permitted to ‘Switch’ visa routes whilst in the UK; or
• The sponsored worker is already employed by the organisation and needs a new UCoS under Skilled Worker or, previously held a Tier 2 General CoS assigned to them and their BRP card was approved under this visa route.

From 6 April to 5 April of each tax year, the Home Office will invite the organisation to renew their UCoS allocation. Each Org will need to calculate estimated UCoS required to sponsor overseas workers for the forthcoming tax year. The organisation should assess if already employing existing sponsored workers under DCoS and UCoS, total required for the new tax year. Tip: Only request what you actually need, you can always request more UCoS during the tax year. All CoSs are free but once you assign them you need to pay the relevant fee plus Immigration Skills Charge.

What is a DCoS?

This CoS replaced the Restricted CoS (RCoS) that was in place up until 30 November 2020. Under RCoS rules unless exempt, the organisation would have had to advertise a job position at RQF Level 6 or above for 28 days. By the 5th of any given month, the organisation would submit a request to the Home Office for approval for the RCoS and by the 11th of that month get a decision, but the Home Office limited how many could be approved per calendar month.

From 1 December 2020, if the organisation holds a SL under ‘Skilled Workers’, they can login to their SMS and request a DCoS as long as the occupation code is on the approved list and the job is at or above RQF Level 3. 

The speed to get a DCoS approved is superfast. As long as the Home Office does not want to challenge the DCoS request, the organisation should get a decision in 1 working day once the DCoS has been submitted. The organisation can then assign the DCoS immediately to the sponsored worker. The DCoS must be assigned within 3 months of being approved or it will be cancelled.

Purpose of assigning a CoS?

When the organisation drafts a CoS and then submits it, it confirms to the Home Office the following key data about the organisation and sponsored worker. Key data asked:

• Sponsor licence number (SLN)
• Trading name under the SLN
• CoS issued date (90 days to submit a visa application from this date)
• Any sponsor note added
• Sponsored worker given and family names
• Sponsored worker nationality
• Sponsored worker date of birth, place of birth, country of birth and country of residence
• Sponsored worker gender
• Sponsored worker passport number, issued date, expiry date and place of passport issue
• Sponsored worker current home address
• Sponsored worker UK ID card, NINo, National ID card and employee number
• Sponsored worker proposed work start and end dates
• Other UK addresses the Org wants the sponsored worker to work at
• Sponsored worker job title, occupation 4-digit code and summary of job description
• Sponsored worker annual or hourly pay and employment hours offered
• Is the sponsored worker on a job client contract
• Whether the Org will certify sponsored worker and any family members maintenance.

Note: Depending on the type of CoS the organisation completes, the organisation will be asked to confirm some other information.

The ICS is a fee assigned to a CoS where the worker falls under Skilled worker or Intra-company Transfer.

When the organisation pay for the CoS (£199.00), the ICS fee is assigned.

ICS Costs

Small or charitable organisations must pay £364 for the first 12 months of the assigned CoS and then £182 for every 6 months. 

If the organisation assigned a CoS for 17 months, the cost wil be £648.00 plus £199 CoS fee.

If the organisation assigned a CoS for 18 months, the cost wil be £728.00 plus £199 CoS fee.

If the organisation employs 50 people or more (medium opr large busines), they  must pay £1000 for the first 12 months of the assigned CoS and then £500 for every 6 months. 

If the organisation assigned a CoS for 17 months, the cost wil be £1500.00 plus £199 CoS fee.

If the organisation assigned a CoS for 18 months, the cost wil be £2000.00 plus £199 CoS fee.

Yes, you can but very strict rules are in place to prevent non-compliance when sponsoring overseas nationals.

Who are deemed as a close relative or partner?

• a spouse or civil partner
• an unmarried or same-sex partner
• a parent or step-parent
• a son or step-son
• a daughter or step-daughter
• a brother, step-brother or half-brother
• a sister, step-sister or half-sister
• a nephew, niece or cousin
• an aunt or uncle
• a father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law or daughter-in-law.

Breach of holding a SL

• If a Level 1 or Leave 2 User assigns a Certificate of Sponsorship to a family member, this is a clear breach and if caught, the SL will be revoked.
• If recruiting the close relative or partner through an Authorising Officer, Level 1 or Level 2 User but they are not involved in the process of the Certificate of Sponsorship, this is likely to raise a red flag because that person is likely to have influenced the decision outcome.

How should we hire a close relative or partner?

If the organisation has a specific position vacant and you want to let your family member know, ask that person to reach out to your organisation and apply in their own right. The organisation should then consider that person in line with any other applicant that applies to the job vacancy.

If that person was recommended by you and was hired without any evidence of a recruitment process taken place, this will be a red flag to the Home Office.

How should the organisation consider hiring a close relative or partner?

Below is just a guide that we would recommend an organisation to follow to prevent the Home Office accusing them of hiring a close relative or partner over a UK settled person.

• When the organisation advertises a vacancy, let the close relative or partner know of the job vacancy so they can apply in their own right.
• To avoid breach what we call 'job compliance' (formerly known as the Resident Labour Market Test), the organisation should advertise the job vacancy on 'Find A Job' (UK government job-board) and a recognised job-board platform such as Indeed, Monster, Jobsite, CV-library, Caterer, Careerbuilder etc.
• Let the close relative or partner know where the job is posted and asl them to apply like any other applicant would do.
• Do not influence the person processing the applications and who decides to shortlist and interview.
• If that person is shortlisted, they should let the person know they are related to you.
• If the close relative or partner is selected to be hired, the person processing the employment will have to process a Certificate of Sponsorship and whoever process this, must not be related to the close relative or partner.
• Once the Certificate of Sponsorship has been issued, a 'worker note' should be added to let the Home Office knows of the relationship. Note: If no worker note is added and the Home Office finds out, the organisation SL will be revoked.
• When the organisation advertises a vacancy, let the close relative or partner know so they can apply in their own right.
• To avoid what we call 'job compliance' (formerly known as the Resident Labour Market Test), the organisation should advertise the job vacancy on 'Find A Job' (UK government job-board) and a recognised job-board platform such as Indeed, Monster, Jobsite, CV-library, Caterer, Careerbuilder etc.
• Let the close relative or partner know where the job is posted and asl them to apply like any other applicant would do.
• Do not influence the person processing the applications and who decides to shortlist and interview.
• If that person is shortlisted they should let the person know they are related to you.
• If the close relative or partner is selected to be hired, the person processing the employment will have to process a Certificate of Sponsorship and whoever process this, must not be related to the close relative or partner.
• Once the Certificate of Sponsorship has been issued, a 'worker note' should be added to let the Home Office knows of the relationship. Note: If no worker note is added and the Home Office finds out, the organisation SL will be revoked.

It is a legal requirement to verify if a person can work before employment commences.

If the organisation intends to employ an overseas national under their SL, they must first obtain Home Office permission unless the person can work first without permission.

A right to work check can be done via the Home Office website or contact G4I. If the organisation needs the overseas national to start a new job urgently, they can speak to the overseas worker and request they apply under priority or super priority visa.

It is paramount the organisation maintains a valid business premises and valid HR system at all times. This is a legal requirement regardless of whether the organisation has a Home Office SL or not.

Business Operations

The Home Office would expect the organisation to always maintain a compliant trading business. When holding a SL, the Home Office would expect certain changes to be reported to the organisation SMS within an agreed time period.

Mergers and takeovers

We have 8 categories the Home Office have listed in the Sponsor duties and compliance document, they are:

1. a takeover when the new owner already has a licence
2. a takeover when the new owner does not have a licence
3. a partial takeover when the new owner already has a licence
4. a takeover but the change is one removed from the sponsor
5. a takeover when the overall owner remains the same but the immediate owner changes
6. a takeover when TUPE is not triggered but employees can be transferred
7. restructuring where another branch can act as sponsor
8. sponsorship transfers to parent company but employer remains the same (non-TUPE).

Tip: If the organisation believes the above applies to them, they should contact G4I for advice.

The organisation must comply to the SL 10 and 20 working days reporting.

10 days reporting:

• Sponsored worker visa is refused.
• Sponsored worker does not start the role for which they are being sponsored.
• Sponsored workers absent from work for more than 10 consecutive working days without permission.
• Sponsored worker’s contract of employment or contract for services, or any relevant professional registration ends earlier than shown on their CoS.
• Employment ceases regardless of the reason.
• Sponsored worker switches into a different visa route.
• Sponsored workers are absent from work without pay for more than 4 weeks
• Sponsored worker’s employment changes that include promotion, job title or core duties changes, a reduction in salary stated on the sponsored worker CoS, job location changes that includes where a sponsored worker works at a different Org’s site or a sports player moves
• to another sports club on loan or, sponsored worker’s employment is affected by TUPE or similar protection.
• if a sponsored worker’s sponsor changes but they will remain working for the same employer and in the same employment
• if the size or charitable status of the Org business changes for example, the Org was a large company but now qualify as a small company or have gained charitable status or, the Org was a small company but are now a large company or, the Org previously held charitable status but have ceased to do so.

20 days reporting:

• change of the Org name or the name of any of their branches
• sell all or part of the business
• are involved in a merger or are taken over
• stop trading or go into an insolvency procedure
• substantially change the nature of the business
• are convicted of a relevant offence as defined in Annex L3 of Part 1: Apply for a licence.

In 2008 when the Home Office first introduced the points-based system, the Home Office asked regulated immigration firms to help support them. Our firm was nominated and approved then under the UK Border Agency to help process SL applications. 

G4I would audit the organisation covering these 5 key areas:

• Area 1: Monitoring immigration status and preventing illegal employment
• Area 2: Maintaining Worker contact details
• Area 3: Record keeping
• Area 4: Worker tracking and monitoring
• Area 5: General HR duties.

For the record, on the 1 December 2020 the 5 key areas were amended to:

• Area 1: Reporting duties 
• Area 2: Record-keeping duties
• Area 3: Complying with the immigration laws
• Area 4: Complying with wider UK law
• Area 5. Not engaging in behaviour or actions that are not conducive to the public good.

Once we were satisfied the organisation was fully compliant, we would post or email to the Home Office the organisation documents and our report confirming if the 5 key areas were met and, explain any areas that were being updated.

Because of Covid-19 and online technology, our firm has come up a more innovative way of helping organisations applying and holding a sponsor licence.

See understanding our audit process to learn more.

Home Office, also known as UK Visas & Immigration has 'compliance officers' who will carry out an audit on the organisation premises and audits can be:

• Unannounced site visit*
• Announced site visit.

Home Office visit types

The organisation could get a compliance visit because they:

1. applied for a new SL; or
2. hold a SL to engage workers or students.

Home Office pre-licence visit

The compliance officers will turn up where the organisation has confirmed they hold their employee files.

*Pre-Covid-19, the Home Office compliance officers could turn up unannounced and the organisation would be expected to have ‘there and then’ in order the data evidence required to meet the 5 key areas.

Home Office licence visit

When the organisation agrees to the SL conditions, the Home Office compliance officers would expect to see them being complied with. They would expect the organisation ‘there and then’ demonstrate the 5 key areas are in order and fully compliant.

The Home Office compliance officers will focus on 4 core areas of your business when auditing:

1. Human resources systems
2. Convictions and civil penalties
3. Migrant compliance
4. Employment.

Whether the organisation has a system in place that allows them to know when a sponsored worker has not turned up for work or to identify when their current permission is coming to an end. Whether or not the organisation has any unspent criminal conviction for a relevant offence (as defined in Annex L4) or have been issued with a relevant civil penalty. Whether the organisation is employing any workers, sponsored or not, who are in breach of the conditions of their immigration permission – for example, a Student who is working more hours than they are allowed to. Whether the organisation can offer employment which meets the criteria for the relevant immigration route (such as genuine vacancy, salary and skill-level).

The above covers many areas of possible non-compliance so our firm recommends processes are put in place to cover them

Whistleblower 

If a person decides to contact the Home Office and become a whistleblower by saying your organisation is doing x, y and z, the Home Office has a duty to visit your organisation to investigate. The whistleblower could be an employee, supplier, fellow business reporting you under non-compliance to cause issues for your organisation. The last thing your organisation needs in an investigate so putting the hard work in now will prevent any issues if audited at short notice. 

Non-Compliance

If the organisation is found to be non-compliant during an audit, one of the following with happen:

1. Sponsor licence B-rating
2. Sponsor licence suspended
3. Sponsor licence revoked

If the SL is downgraded from A-Rating to a B-rating, the Home Office does this for minor offences and the organisation is usually given around 90 days to fix the issues. The Home Office will revisit the organisation who must pay £1476.00 for the second visit must demonstrate full compliance. If the organisation is given two (2) B-ratings during the four (4) year SL approval period, the organisation SL is revoked.

If the organisation SL is suspended, this is for more serious offences. The organisation will have twenty (20) working days from the suspended letter to demonstrate in writing because the compliance officers report was inaccurate or wrong.

If the Home Office does not accept the organisation response, then their SL is immediately revoked meaning, any sponsored workers must cease employment immediately.

The organisation cannot appeal a revoked decision, but they can apply via the Judicial Review (JR) proceedings. If the JR is not successful, then the last option is the Court of Appeal.

Process 1

We will provide the organisation a free 30 minute telephone consultation and confirm with the type of auditing services required as our services.

Process 2

We will email the organisation a link to our website to read and approve our business terms. The organisation only needs to do this process once.

Process 3

Our firm will invite the organisation to complete our SL pre-SL assessment form and complete the 'Test Your Knowledge' test. This will tell us how the organisation is structured and their knowledge of being a responsible and knowledgeable sponsor. 

Process 4

Unless our firm carries out a physical site audit on the organisation premises, our firm will invite the organisation to a pc-to-pc screen share session where we can assess which technology is used to meet the SL rules.

Actions

If our firm feels the organisation does not meet the guidelines and rules of holding a SL, we will put in place an action plan to correct any issues. We can provide templates, links, and general guidance to help the organisation be compliant.

Process 5

Our firm will help the organisation apply for a SL. This can either be processed on the organisation premises or remotely via pc-to pc. Once the SL is submitted, we have 5 working days to email to the Home Office a signed submission sheet, document evidence and our firm will write a letter outlining how the organisation complies to having a SL.

Process 6

The Home Office will process the SL application and the following could apply:

1. Reject the application as invalid; or
2. Request further information before making a decision; or
3. Request a visit to the organisation premises and carry out an inspection; or/and
4. Approve or reject the application.

If your organisation operates as an agency, there are strict rules in place if the organisation plans to sponsor workers under their SL and place these workers on a client premises.

If the organisation wishes to sponsor a person such as a skilled worker and these workers will be working on a contract basis (being supplied as labour by your organisation to another organisation or third party), your organisation must have full responsibility for all the duties, functions and outcomes or outputs of the job the sponsored worker will be doing. Where the sponsored worker is employed by your organisation to do work for a third party to fulfil a contractual obligation on your behalf, they must be contracted by your organisation to provide a service or project within a certain period of time. This means a service or project which has a specific end date, after which it will have been completed or the service provided will no longer be operated by the organisation or anyone else.

Sponsor licence conditions when working as an agency?

• Sponsored workers must be on your payroll
• The sponsored worker must be paid by the organisation the agreed salary as stated in the assigned Certificate of Sponsorship.
• The organisation should have in place B2B contracts demonstrating the work required for the organisation to do should reflect the work in the sponsored worker assigned occupation code. Note: If the organisation has no contract in place, it may be difficult to demonstrate when challenged the actual work being done.
• The organisation must log and track where each sponsored worker is working and demonstrate the work has been carried out.
• When the organisation provides a sponsored worker, that organisation must be made aware the sponsored worker is your employer, their employment falls under immigration control, that organisation cannot control or dictate the hours they work, time-off, carry out appraisals, provide training, take disciplinary action, approve annual leave, approve maternity/paternity leave, basically only the agency can do this. If the other organisation is not satisfied with the sponsored worker, they must report this to your organisation, and you take the appropriate action. 
• If the organisation you supplied the sponsored worker to wants to contract your worker to another third-party, they cannot, this is a clear breach of the SL.
• Before the organisation agrees to provide their staff and not labour to another organisation, they should confirm if the B2B contracts being signed for actually complies to their SL duties.

The above is just a guide and many more conditions could apply.

When we audit agencies, we will focus on how the agency can manage, control and track their sponsored workers day-to-day activities plus, how they manage their B2B contracts.

The Home Office can issue cooling-off periods on a SL if any of the following applies:

• refusal
• withdrawal
• revocation
• surrender
• civil penalty
• conviction

The organisation SL application was refused (or would have been refused had the organisation not withdrawn it) because your organisation:

• sponsor licence application was sent by a representative
• did not provide documents or information we requested by a specific deadline for reasons outside your control.

If the above applies, the organisation can apply immediately for a fresh SL application.

Your previous SL application was refused (or would have been refused had the organisation not withdrawn it).

If the above applies, the organisation must wait 6 months from the date of the application refused to apply for a fresh SL application.

The organisation previously held a sponsor licence and it was revoked (or it would have

been revoked had you not surrendered it).

If the above applies, the organisation must wait 12 months from the notice the organisation SL was revoked.

You or your organisation have been issued with a civil penalty for employing an illegal worker under:

• section 15 of the Immigration, Asylum and Nationality Act 2006, or
• regulation 11 of the Accession of Croatia (Worker Authorisation) Regulations 2013.

If the above applies, the organisation must wait 12 months from the date the penalty was paid in full.

More than one civil penalty has been issued to an owner, a director or an authorising officer of the organisation (either individually or collectively) under section 23 or section 25 of the Immigration Act 2014 for authorising occupation of premises under a residential tenancy agreement by an adult who is disqualified because of their immigration status, and those penalties have been paid in full.

If the above applies, the organisation must wait 12 months from the date the penalties were paid in full.

Your organisation has been issued with a civil

penalty or charge under:

• section 32 of the Immigration and Asylum Act 1999: carrying clandestine entrants
• section 40 of the Immigration and Asylum Act 1999: carrying passengers without proper documents
• section 24 of the CounterTerrorism and Security Act 2015 or the Authority to Carry (Civil Penalties) Regulations 2015: bringing a passenger to the UK in breach of an authority to carry scheme and that penalty or charge has been paid in full.

If the above applies, the organisation must wait 5 years from the date the penalty was paid in full.

Either:you have been issued with 2 or more civil penalties for employing an illegal worker under:

• section 15 of the Immigration, Asylum and Nationality Act 2006, or
• regulation 11 of the Accession of Croatia (Worker Authorisation) Regulations 2013; or
• 3 or more civil penalties have been issued to an owner, a director or an authorising officer of your organisation (either individually or collectively) under section 23 or section 25 of the Immigration Act 2014 for authorising occupation of premises under a residential tenancy agreement by an adult who is disqualified because of their immigration status and those penalties have been paid in full.

If the above applies, the Home Offcie may refuse the organisation fresh SL application for up to 5 years after the date the penalty was pid in full.

The organisation has (or a person mentioned above has) an unpaid civil penalty or charge for any of the offences listed above and they are (or that person is) still liable once your or their objection and appeal rights are exhausted.

If the above applies to you, the Home Office will indefinite not grant a SL until the unpaid civil penalty or charge is fully paid.

Your organisation has an unspent conviction for a relevant offence.

If the above applies to you, until the conviction is spent under the Rehabilitation of Offenders Act 1974. If the unspent conviction is recorded

against an individual in your organisation, you can reapply for a SL(subject to any other cooling-off period that may apply in this table)

before the conviction is spent if that

individual:

• no longer works for you
• no longer falls under the definition of ‘you’, or does not otherwise have significant involvement in the running or financing of your business.

If the home Office visits your organisation and decides you are partially compliant when holding an A-Rating SL and yuo not been seen to been doing any serious SL breaches, they will downgrade from A-Rating to B-Rating.

B-Rating is normally enforced if the Home Office do not believe your organisation have the relevant processes in place to comply with your sponsor duties or when asked to provide information, you have not provided.

If the breaches are minor than B-Rating applies but for more serious offence, you will have your SL suspended or immediately revoked.

If the organisation SL is downgraded to a B-Rating, the Home Office will impose a time-limited action plan that costs at present £1476.00. During the time-limited action plan, the organisation cannot sponsor any new workers but can issue Certificate of Sponsorships to existing sponsored workers. 

How long will my organisation be under B-Rating?

The time-limited action plan can take around 90 days but can be quicker, it depends how fest the organisation fixes the issues and can ask the Home Office compliance officers to revisit the premises.

What if our organisation is either a rated A (Premium) or A (SME+)?

If your organisation is a rated A (Premium) or A (SME+) before the Home Office downgrades your SL, they will end your customer services benefits package. They will also remove the provision to replace your authorising officer or key contact and add new level 1 users automatically, if these provisions had previously been granted on the SL.

Annex L1: circumstances in which we will refuse your application

This annex sets out the circumstances in which the Home Office will refuse the organisation SL application.

• The organisation knowingly provided false document with their SL application. If this happens, and the Home Office believes that a criminal offence has been committed, they will refuse the SL application and refer the case for prosecution.
• The organisation or key staff have unspent conviction for a relevant offence listed in Annex L4 of this guidance.
• The organisation or key staff have been issued with a civil penalty or charge under: section 32 of the Immigration and Asylum Act 1999: carrying clandestine entrants; section 40 of the Immigration and Asylum Act 1999: carrying passengers without proper documents; or section 24 of the Counter-Terrorism and Security Act 2015 or the Authority to Carry (Civil Penalties) Regulations 2015: bringing a passenger to the UK in breach of an authority to carry scheme; and remain liable for the penalty or charge once the objection and appeal rights have been exhausted; and apply for their SL before 5 years has elapsed since the date the penalty or charge was settled (paid in full).
• The organisation or key staff have been issued with a civil penalty for employing an illegal worker, or illegal workers, under either: section 15 of the Immigration, Asylum and Nationality Act 2006; or regulation 11 of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013; and remain liable for the penalty once their objection and appeal rights have been exhausted; and apply for a SL before 12 months has elapsed since the date the penalty was settled (paid in full).
• The organisation or key staff have not paid an outstanding civil penalty or charge for any of the offences referred to the two bullet points listed above, or any other civil penalty for employing illegal migrant workers, and they are still liable once their objection and appeal rights have been exhausted. 
• If 2 or more civil penalties have been issued to an owner, a director or an authorising officer of an organisation (either individually or collectively) under section 23 or section 25 of the Immigration Act 2014 for authorising occupation of premises under a residential tenancy agreement by an adult who is disqualified, because of their immigration status, and: that person was or is (or those persons were or are, as the case may be) still liable once their objection and appeal rights have been exhausted; and they apply for the organisation SL before 12 months has elapsed since the date the penalties were settled (paid in full).
• An owner, a director or an authorising officer of the organisation has not paid an outstanding civil penalty issued for authorising occupation of premises under a residential tenancy agreement by an adult who is disqualified, because of their immigration status, for which they are still liable once their objection and appeal rights have been exhausted.
• The organisation has previously held a SL of any type and that licence was revoked by the Home Office, or they surrendered that SL whilst the Home Office was taking compliance action against them, in the 12-month period prior to the date of their application.
• Any person who falls under the organisation or key personnel is legally prohibited from becoming a company director, unless: they are only disqualified due to being an undischarged bankrupt; and that person has not been appointed as the organisation director, authorising officer or level 1 user.
• The Home Office has asked the organisation to send them documents or information to validate or support their SL application and they did not send the document or information within the given time limit.
• The organisation failed to meet one or more of the requirements of the route, or routes, in which they are applying to be licensed. If they fully meet the requirements of one route, or some routes, in which they are applying to be licensed, but not others, the Home Office will only licence them for the route, or routes, in which they qualify.
• The organisation did not have in place the necessary human resources systems or other processes to comply with their duties as a sponsor. For example, their internal communications may not be good enough for them to know if a sponsored worker has not reported for work.
• The organisation is applying under the Skilled Worker or the Intra-Company routes and the Home Office is not satisfied that the organisation can offer genuine employment, or employment that meets the skill-level and/or salary requirements of those routes.
• The organisation has no operating or trading presence in the UK.
• The organisation failed to meet the requirements set out in the safeguarding children section.
• The organisation application was sent by a representative.
• The organisation failed to nominate in their online application form at least one level 1 user who meets the Home Office requirements as set out in section L4 of these guidance.
• The organisation has had an application for a SL refused within the last 6 months for any reason (or would have had it refused had they not withdrawn the application), unless the refusal was because either: their application was sent by a representative; or they did not provide documents or information the Home Office requested by a specific deadline for reasons outside their control.

As you can read, m\any areas to consider and if the SL application is refused, you will have to wait 6 months before you can apply again, can your organisation afford such a delay?

If the home Office visits your organisation and decides you are not fully compliant when holding an A-Rating SL and they believe you have more serious breaches of your SL, they will downgrade from A-Rating to Suspended.

How does the Home Office decide when to suspend your SL?

When the Home Office compliance officers visit your organisation to carry out your audit, they will gather as much evidence as possible. Once returned to the Home Office, they will consider 

Annex C1:  reasons to  revoke a SL

Annex C2:  reasoms will normally revoke a SL

Annex C3:  reasons may revoke a SL.

We have listed below C1 but if you wish to read C2 and C3 you can find the information here. Go to page 53 for C2 and page 57 for C3 to learn more.

Annex C1

This annex sets out the circumstances in which the Home Office will revoke the organisation sponsor licence. They may suspend the SL first while they consider the matter, but they reserve the right to revoke the SL immediately without suspending it.

• The Home Office finds, after the organisation SL was granted, they knowingly gave false information on their SL application, or in support of their SL application, and had they given the correct information, the Home Office would have refused their SL application.
• The organisation is convicted of, or the Home Office finds the organisation or key staff have an unspent conviction for, a relevant offence listed in Annex L4 of Part 1: Apply for a licence.
• The organisation stopped having (or the Home Office finds they never had) a trading or an operating presence in the UK. This could be for any reason, including, but not limited to: selling the business (this includes circumstances where this happens as a result of you becoming insolvent), goes into liquidation, or sequestration is awarded and the organisation stops trading as a result, a court issues a bankruptcy order against the organisation, stopped trading for any other reason.
• The organisation stopped being accredited by or registered with any accreditation or regulatory body that they needed to be accredited by or registered with to get a SL or to otherwise trade legally in the UK.
• The organisation does not hold, or they stopped holding appropriate planning permission or Local Planning Authority consent to operate their type/class of business at their trading address (where this is a Local Authority requirement).
• The organisation is a food business that is required to be approved or registered by a relevant food authority and either they have never been approved or registered, or they have, but that approval has now been withdrawn.
• The organisation or key staff been issued with a civil penalty or charge under any of the following provisions and they are still liable once your objection and appeal rights have been exhausted: section 32 of the Immigration and Asylum Act 1999: carrying clandestine entrants; section 40 of the Immigration and Asylum Act 1999: carrying passengers without proper documents; or section 24 of the Counter-Terrorism and Security Act 2015, or the Authority to Carry (Civil Penalties) Regulations 2015: bringing a passenger to the UK in breach of an authority to carry scheme. Note: you will not be eligible to re-apply for your licence until at least 5 years has elapsed since you paid the relevant penalty or charge in full.
• The organisation or key staff have been issued with 2 or more civil penalties for employing illegal workers under either: section 15 of the Immigration, Asylum and Nationality Act 2006, or regulation 11 of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013; and remain liable for the penalties once your objection and appeal rights have been exhausted; and the civil penalty for at least one of those workers remains at the maximum amount once your objection and appeal rights have been exhausted. Note: you will not be eligible to re-apply for your licence until at least 12 months has elapsed since you paid the civil penalties in full.
• 2 or more civil penalties have been issued to an owner, a director or an authorising officer of the organisation (either individually or collectively) under section 23 or section 25 of the Immigration Act 2014 for authorising occupation of premises under a residential tenancy agreement by an adult who is disqualified, because of their immigration status, and that person is (or those persons are, as the case may be) still liable for those penalties once their objection and appeal rights have been exhausted. Note: The organisation will not be eligible to re-apply for their SL until at least 12 months has elapsed since those civil penalties are paid in full.
• If the organisation is issued with a civil penalty for employing an illegal worker for a first breach, where the civil penalty is below the maximum amount, and either: they failed to pay the civil penalty in full or set up a payment instalment plan within 29 days of the date that: the organisation were notified of liability for a civil penalty (if they did not object to the civil penalty), their initial objection was rejected (if they did not subsequently appeal); or their appeal is dismissed; or they set up a payment instalment plan with the Home Office, but they default on that plan. Note: The organisation will not be eligible to re-apply for their SL until at least 12 months has elapsed since they paid the civil penalty in full.
• An owner, a director or an authorising officer of the organisation is issued with a civil penalty for authorising occupation of premises under a residential tenancy agreement by an adult who is disqualified, because of their immigration status for a first contravention, and either: they failed to pay the civil penalty in full or set up a payment instalment plan within 29 days of the date that: they were notified of liability for a civil penalty (if they did not object to the civil penalty) their initial objection was rejected (if they did not subsequently appeal); or their appeal was dismissed; or they set up a payment instalment plan with the Home Office, but they default on that plan.
• The organisation has been B-rated and have not met one or more of the requirements of their action plan within the specified period.
• The organisation has been B-rated twice during the validity period of their SL period and the Home Office would have downgraded their SL to a B-rating again, were it not for their policy that the organisation cannot be B-rated more than twice during the validity period of their SL.
• The organisation has been downgraded to, or given, a B-rating and have failed to pay the action plan fee within 10 working days, unless this is due to circumstances beyond their control.
• A sponsorship management system (SMS) user the organisation has appointed assigns their own Certificate of Sponsorship (CoS) or assigns a CoS to a close relative or partner. By ‘close relative or partner’, the Home Office means: a spouse or civil partner, an unmarried or same-sex partner, a parent or step-parent, a son or step-son, a daughter or step-daughter, a brother, step-brother or half-brother, a sister, step-sister or half-sister, a nephew, niece, cousin, an aunt or uncle, a father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law or daughter-in-law.
• The organisation are a B-rated sponsor and the Home Office granted them a CoS specifically to extend an existing sponsored worker’s permission to stay, but they used that CoS to sponsor a new worker instead.
• The organisation used a CoS to fill a vacancy other than the one specified on the CoS they assigned for that role, unless the change is permitted by the Immigration Rules or the guidance and they have notified the Home Office of the change – see section S9 of Part 2: Sponsor a worker for further information on change of employment applications.
• The organisation gave false information in any application for, or request to assign, a CoS, or a request to renew their annual allocation of CoS.
• The role undertaken by a worker the organisation has sponsored does not match one or both of the following: the occupation code stated on the CoS assigned to them or the job description on the CoS assigned to them.
• The organisation assigned a CoS to a worker and on that CoS, or in the application for that CoS (if it is a Skilled Worker defined CoS or a Tier 2 (General) restricted CoS) the organisation stated any of the following: they had carried out a resident labour market test (where this is, or was, a requirement of the route in which they are, or were, sponsoring the worker) and either the organisation did not carry out the test, or the test carried out did not meet the requirements set out in this guidance, the job was exempt from the resident labour market test, but it was not the organisation had complied with the creative codes of practice (where required), but the vacancy was not in an occupation code listed in Appendix Shortage Occupation List (or its predecessor, Appendix K) to the Immigration Rules, when it was not or the job is on the shortage occupation list for a specific country of the UK and the job is not based in that country.
• The organisation failed to assign a new CoS, and where required, fail to properly carry out a resident labour market test or comply with a code of practice, to any worker who needs to make a change of employment application. (See section S9 of Part 2: Sponsor a worker for guidance on when a change of employment application is needed.)
• Where the organisation was required by this guidance, or the Tier 2 and 5 sponsor guidance previously was in force, to carry out a resident labour market test for the job, or otherwise take into account the needs of the resident labour market, the organisation assigned a CoS to a migrant worker instead of employing a suitably qualified settled worker for the role (unless an exception to that requirement applies or applied).
• The organisation employing a worker in a job that does not meet the skill-level requirement for the route as set out in this guidance.
• The organisation, or you are acting as, an employment agency or business and you have supplied a worker you are sponsoring to a third party as labour.
• The organisation is an employment agency or employment business, and the Home Office granted a SL to the organisation on this basis, but later find a worker being sponsored has been supplied to a third party as labour.
• The Home Office has reasonable grounds to believe the role for which the organisation has assigned a CoS is not genuine – for example, because it: does not exist, is a sham (including but not limited to where the CoS contains an exaggerated or incorrect job description to deliberately make it appears to meet the requirements of the route the organisation assigned it under when it does not); or has been created mainly so the worker can apply for entry clearance or permission to stay.
• The organisation pays a sponsored worker less than stated on the worker’s CoS, and: the organisation has not notified the Home Office of the change in salary; or the revised salary does not meet any minimum salary threshold or going rate for the route in which the worker is being sponsored.
• The Home Office are satisfied on the balance of probabilities that the organisation has artificially inflated the salary of a worker to enable them to obtain settlement (indefinite leave to remain).
• The organisation fails to meet one or more the requirements set out in the ‘Safeguarding children’ section of Part 1: Apply for a licence.
• The organisation sponsors a worker on the International Agreement Worker route as a contractual service supplier or an independent professional to service a contract which the organisation did not inform the Home Office or, did inform them but they have not yet confirmed that the organisation can assign a CoS in connection with that contract; or the Home Office have told the organisation it does not meet the requirements set out in this guidance for sponsoring International Agreement Workers.
• Where it was a requirement at the time the organisation assigned a CoS, they stated we would employ a worker in an occupation listed in Appendix K to the Immigration Rules then in force, but the organisation did not meet one or more of the sponsor criteria under those provisions.
• The organisation has assigned a CoS to a sportsperson or coach on the T2 Sportsperson route or T5 (Temporary Worker) Creative or Sporting Worker route without having a current endorsement from the appropriate sports governing body.
• The organisation pays any worker sponsored on the Charity Worker route more than reasonable expenses as defined in section 44 of the National Minimum Wage Act 1998 (as amended from time to time).
• The organisation is sponsoring workers on the Seasonal Worker route and within any 12-month period: fewer than 95 percent of your sponsored workers are granted entry clearance (a visa); 3 percent or more of your sponsored workers who obtain a visa fail to arrive at their place of employment; or fewer than 97 percent of the organisation sponsored workers who obtain a visa return overseas at the end of their stay.
• The organisation holds a SL for the Seasonal Worker route and the government department that supported the SL application withdraws their endorsement.
• The organisation holds a SL for the Seasonal Worker route and they fail to monitor, to the Home Office satisfaction, the welfare of the workers being sponsored.
• The organisation holds a SL for the Seasonal Worker route and they allow sponsored workers to fill job roles that are not seasonal and/or not in the horticultural sector. 
• The organisation holds a SL for the Seasonal Worker route and their licensing by the Gangmasters and Labour Abuse Authority is revoked.
• The organisation holds a SL for the Seasonal Worker route and they charge the sponsored workers fees in excess of those to cover the administration of the scheme.

As the organisation can see, they can have thier SL revoked on many areas.

Employing staff who are UK settled or from the EU if they entered the UK before 31 December 2020 and have registered with the EU scheme by 30 June 2021 the organisation does not have to demonstrate these engagements.

If the organisation employs an EU or non-EU national from 1 January 2021 and the EU national was not present in the UK before this date, then sponsored is required unless the individual can obtain other Home Office permission to live and work in the UK.

When the organisation has their SL application or approved SL audited, the Home Office will look at these:

1. Resident Labour Market Test (RLMT) up until 30 November 2020
2. RLMT from 1 December 2020
3. Job compliance from 1 December 2020
4. EU nationals engaged from 1 January 2021.

RLMT up until 30 November 2020

If the organisation holds a SL before 30 November 2020 then they meet the RLMT rules that were in place on all sponsoring of non-EU nationals unless a RLMT was exempt/

RLMT from 1 December 2020

If the organisation sponsors a worker from 1 December 2020 to 31 December 2020 then a SL before 30 November 2020 then they meet the RLMT rules that were in place on all sponsoring of non-EU nationals unless a RLMT was exempt.

Job compliance from 1 December 2020

As from 1 January 2021 the organisation can sponsor any overseas nationals, but the Home Office would expect UK settled workers that includes EU nationals that were in the UK before 2021 to hire them first but how do you do that?

Most organisations would carry out a recruitment process such as first identify their job vacancies, then post the job on job-boards and maybe on their Extranet to invite internal staff to apply.

Each application is vetted for suitability and interviews take place and then a person is engaged.

This is how a normal process goes and if this is the case and the organisation can demonstrate a fair recruitment process undertaken and an overseas national was the best person to engage, then the Home Office are unlikely to challenge this.

If the organisation headhunted someone from abroad or a foreign national needing permission to work in the UK was engaged and no other people were considered, the Home Office could see this as abusing the system. A SL is designed to allow UK organisation to sponsor overseas workers if they cannot recruit within the UK. The Home Office would expect the organisation to first employ UK settled worker or people free from immigration control. If the Home Office feels you failed to demonstrate this, they have the power to suspend and revoke the SL.

EU nationals engaged from 1 January 2021

If the organisation interviews an EU national for a vacant position from the 1 January 2021, the following could apply:

• EU national entered the UK on or before 31 December 2020 and has registered with the EU Settlement Scheme
• EU national entered the UK on or before 31 December 2020 and has not yet register with the EU Settlement Scheme
• EU national entered the UK on or after 1 January 2021 who needs sponsoring by the organisation unless they have other permission to be in the UK that authorises employment.

Depending on the above, if the EU national entered the UK after 1 January 2021, the Home Office would treat this engagement no differently to engaging a non-EU national. The organisation would be expected if challenged by the Home Office why engage this person over a UK settled person.

A settled worker can be any of these:

• a British citizen
• a European Economic Area (EEA) national or Swiss national who arrives in the UK before 11 pm on 31 December 2020 (and their eligible family members), provided they apply for status under the EU Settlement Scheme by 30 June 2021 and that application is granted.
• a person with leave to remain (pre-settled status) or indefinite leave to remain (settled status) granted under Appendix EU (the EU Settlement Scheme).
• a British overseas territories citizen, except for those from sovereign base areas in Cyprus – territories included are Anguilla, Bermuda, British Antarctic Territory, British Virgin Islands, British Indian Ocean Islands, Cayman Islands, Falkland Islands and dependencies, Gibraltar, Montserrat, Pitcairn Islands, St. Helena and dependencies, Turks and Caicos Islands
• a Commonwealth citizen (including a citizen of Zimbabwe) who has been granted permission on the UK Ancestry route on the basis they have a grandparent born in the UK and Islands.
• a Commonwealth citizen (including a citizen of Zimbabwe) with the right of abode in the UK.
• anyone who has indefinite leave to enter or remain (settlement) in the UK, or is otherwise settled within the meaning of section 33(2A) of the Immigration Act 1971 – this includes Irish citizens, unless they are subject to a deportation order, an exclusion order, or an international travel ban.

Note: The organisation has a legal responsibility to check that their employees or prospective employees have the legal right to work in the UK and they do the work in question: see ‘Right to work checks: an employer’s guide’ on GOV.UK.

If the person holds a Settlement document which may have an expiry date or No Time Limit (n oexpiry date) they are a settled person who can work without sponsorship.

From 1 December 2020, if the organisation wishes to employ a T5 religious worker, they may have to first carry out a RLMT. If the organisation wishes to sponsor any other worker then they do not have to comply to the RLMT that were in place on or before 30 November 2020.

Not all religious people engaged fall under ‘jobs’ in the traditional sense, this does not mean the organisation should carry out a RLMT. 

When is the RLMT exempt?

To be exempt the job role must be under one of these:

• If the job role is supernumerary (the job is over and above the normal organisation staffing requirements and if the person filling the role were not there, it would not be filled by anyone else – for example, where the worker offers pastoral support to members of a church community as part of their own development, but the work would stop if they were not there, and the organisation wouldn’t replace them).
• The sponsored worker will mainly live within and be a member of a religious order – for example, an order of nuns or monks (A religious order is defined for our purposes as a lineage of communities; or
• People who live in some way set apart from society in accordance with their specific religious devotion, and which must be part of a bona fide religious organisation. This includes, for example, a monastic community of monks or nuns, or a similar religious community involving a permanent commitment.)
• The sponsored worker is applying for permission to stay from within the UK and the organisation assigned the Certificate of Sponsorship (CoS) which resulted in their last grant of permission; and will continue to sponsor them in their current application.

If the organisation is not exempt, they must carry out a RLMT for 28 days before issuing a CoS to a T5 religious worker.

If your organisation provides workers to another organisation and advertise the vacancies as such, then you assign that person a contract of employment, we recommend you follow the guidance which sholud help to prevent non-compliance:

• Ensure in each job advertisement you make it clear the job is to provide a service or project within a certain period of time to another organisation.
• If the service or project does not have a defined period of time such as a rolling contract, this must be made clear such as 6 months project.
• If the employment is guaranteed under fixed employment hours (essential for sponsorship), this must be made clear such as 40 hours per week.
• The sponsored worker is directly employed by your organisation and they fall under your direction and control which includes functions, outputs or outcomes and the other organisation cannot do this.
• The other organisation cannot contract the sponsored worker out to another organisation.
• The organisation cannot provide a sponsored worker to another organisation to fill a permanent position.

The above is just a guide. To be 100% safe, contact our firm to allow us to assess how you plan to provide a service or project to another organisation to help prevent non-compliance.

When the Home Office compliance officers carry out their inspection on the organisation SL, they will look at the 5 key areas of being compliant. One particular area they will look at is how the organisation employed their sponsored workers.

Regardless, if the sponsored workers were employed on or before 30 November 2020 or afterwards, good practices should be followed regardless. Below is our guide to being compliant regardless, if the organisation employs a sponsored worker or a UK settled person:

• Keep a copy of the URL links where the job was posted
• Keep a screen shot of each entire job advert
• Ensure each job posted has key data advertised that includes the date each job was posted, about your organisation, education and qualification required and essential skill sets to do the job, advantageous skills/experience nice to have to do the job, remuneration page that should include salary, employment hours, any allowances or bonuses, shift parents (optional), permanent part time/full-time employment or contracted Employment, holiday entitlement (optional). State when the job advert will close. We also recommend in the job advert you request a covering letter ‘why the organisation should employ you’. If the job position needs someone to travel, have a driving license, licence to work such as a nurse, security guard etc., this should be mentioned.  
• Record all applicants that apply good or bad.
• Best practice is to acknowledge each application and confirm if suitable or not.
• Suitable applicants that are shortlisted, keep a log when the interviews took place and the method such as face-to-face, web enabled device or telephone call. Ensure all interview notes are logged.
• If the organisation prefers to hire a person needing sponsorship over a UK settled person and these applicants were strong individuals, the organisation may be challenged why not hire the UK settled person and train them up. 

If your organisation only has one property where staff are employed, this makes training for you much easier.

Before any training is carried out, our firm will send a training assessment a form to be completed, this form will ask key questions that include:

1. Current hold a SL or require one?
2. Total people needing training and their job roles and responsibilities?
3. Clarifying these people immigration and employment knowledge and experience.
4. Which visa routes and types the organisation is or wants to sponsor?
5. Will the organisation departments have any involvement in their recruitment process?
6. Who are the recruitment officers or people responsible for interviewing and hiring staff?
7. Current policies in place to manage an end-to-end recruitment cycle.
8. Type of HR infrastructure in place?

If the organisation indicates that their staff training needs are at different levels, we will tailor our training accordingly.

At the end of the training, we will ask the attendees around 20 questions, this will advise us what they have learned. Throughout the training we will prompt them these are key areas likely to be in the test. 

Depending on the test answers, we can discuss if certain people may need additional support.

When the organisation operates multiple properties (properties are known as branches) under one SL, which are part of their limited business, this can add additional issues that must be overcome to ensure their SL does not become B-Rating, Suspended or Revoked.

Before any training is carried out, our firm will send a training assessment a form to be completed, this form will ask key questions that include:

• Currently hold a SL or require one?
• Total properties in the group and confirm which property is head office?
• Total people needing training and their job roles and responsibilities?
• Clarifying these people immigration and employment knowledge and experience.
• Which visa routes and types each organisation wants or is sponsoring under?
• Will the branches have different visa requirements to the head office?
• Will the organisation departments have any involvement in their recruitment process?
• Who are the recruitment officers or people responsible for interviewing, hiring and termination of staff?
• Current recruitment practices in place
• Current policies in place to manage an end-to-end recruitment cycle
• Type of HR infrastructure in place to manage each branch
• Who in each branch are nominated to manage their sponsored workers?
• If training is agreed, if face-to-face over preferred over a web enabled device, which location training to be held?

A core focus of the above training is ensuring the head office is in a position to be able to demonstrate ‘there and then’ if challenged by the Home Office not only is their head office fully compliant but each branch is.

If the organisation indicates that their staff training needs are at different levels, we will tailor our training accordingly.

At the end of the training, we will ask the attendees around 20, this will advise us what they have learned. Throughout the training we will prompt them these are key areas likely to be in the test. 

Depending on the test answers, we can discuss if certain people may need additional support.

When the organisation operates multiple business entities and they want several businesses under one SL, this can be complex and has a higher risk of being non-compliant.

What is a group operational control?

This is where the Home Office authorises the organisation to have one SL where the following businesses can sponsor workers under. The group could consist of a limited business, sole trader, charity etc. As long as a ‘link’ can be formed then this complies to the group SL.

What is a link?

A link is where various business entities have a common ownership or control. If a director of two different limited businesses wanted to form a group SL technically, they can if we can show ownership. 

When different businesses are ‘linked’ and under one SL, the training provided can be structured as a group or we can tailor to each business, but the training will be based on a group SL.

If one of the group properties fails a Home Office inspection, then the group SL is at risk of being given A B-rating or being revoked which means all trading entities will lose the benefit of sponsoring overseas nationals. If this is a concern to you, read 'Independent entities' as an alternative solution.

How we carry out the training will all depend on the following:

• Currently hold a SL or require one?
• Total linked businesses and business branches in the group and confirm which property is head office?
• Total people needing training and their job roles and responsibilities?
• Clarifying these people immigration and employment knowledge and experience.
• Which visa routes the head office has and whether the other organisations and any branches have different visa requirements?
• Will any of the organisation departments have any involvement in their recruitment process?
• Who are the recruitment officers or people responsible for interviewing, hiring and termination of staff?
• Current recruitment practices in place.
• Current policies in place per organisation to manage an end-to-end recruitment cycle
• Type of HR infrastructure in place to manage each organisation and any branches.
• Who in each organisation and any branches are nominated to manage their sponsored workers?
• If training is agreed, if face-to-face over preferred over a web enabled device, which location training to be held?

When we carry out this training, we will assess how each organisation operates and try to cover each of their needs.

At the end of the training, we will ask the attendees around 20 questions, this will advise us what they have learned. Throughout the training we will prompt them these are key areas likely to be in the test. 

Depending on the test answers, we can discuss if certain people may need additional support.

If the organisation has multiple business entities and each, they have their very own SL or require their own SL, we need to assess each organisation and offer to the organisation owner separate training or training as a group.

How we carry out the training will all depend on the following:

• Currently hold a SL or require one?
• If any of the organisation have any branches?
• Total people needing training and their job roles and responsibilities?
• Clarifying these people immigration and employment knowledge and experience.
• Which visa routes each organisation wants to or are sponsoring?
• Will any of the organisation departments have any involvement in their recruitment process?
• Who are the recruitment officers or people responsible for interviewing, hiring and termination of staff?
• Current recruitment practices in place.
• Current policies in place per organisation to manage an end-to-end recruitment cycle.
• Type of HR infrastructure in place to manage each organisation and any branches
• Who in each organisation and any branches are nominated to manage their sponsored workers?
• If training is agreed, if face-to-face over preferred over a web enabled device, which location training to be held?

When we carry out this training, we will assess how each organisation operates and try to cover each of their needs.

At the end of the training, we will ask the attendees around 20 questions, this will advise us what they have learned. Throughout the training we will prompt them these are key areas likely to be in the test. 

Depending on the test answers, we can discuss if certain people may need additional support.

If the organisation has an overseas entity that plans to bring their employees to the UK, the visa rules for these employee types differ to other sponsored workers.

What is an overseas entity?

If the UK organisation can prove a ‘link’ to their overseas organisation and the UK need to transfer a member of staff to the UK, they can. 

How we carry out the training will all depend on the following:

• Currently hold a SL or require one?
• Understand where in the world the organisation is and structured.
• If the organisation has any UK branches?
• Total people needing training and their job roles and responsibilities?
• Clarifying these people immigration and employment knowledge and experience.
• Ascertaining the types of staff to transfer to the UK.
• Understand the UK operation and staff transfer work to do.
• Will any of the organisation departments have any involvement in their recruitment process?
• Who is responsible for the overseas staff transfer and filing transfer?
• Understand the PAYE and tax rules on staff transfer.
• Current policies in place when transferring staff across the globe.
• Who in the organisation and any branches nominated to manage their sponsored workers?
• If training is agreed, if face-to-face over preferred over a web enabled device, which location training to be held?

When we carry out this training, we will assess how each organisation operates and try to cover each of their needs.

At the end of the training, we will ask the attendees around 20 questions, this will advise us what they have learned. Throughout the training we will prompt them these are key areas likely to be in the test. 

Depending on the test answers, we can discuss if certain people may need additional support.

The Home Office first introduced the SL in November 2008 under the points-based system. Our company was approved by the Home Office to provide support to UK organisations that needed to apply for their SL to sponsor Tier 2 and Tier workers plus, enrol students under Tier 4.

Since 2008, our firm has processed SL applications for Start-Ups, SMEs, Local Government to Corporate businesses. Our in-house expertise will help assess pre-SL application to prevent the Home Office refusing the application.

The Home Office may decide to inspect the organisation before they approve the organisation SL but if they do not do this, they are likely to inspect the organisation during the first 4 years of holding a SL.

When to apply for the organisation SL?

The organisation should first ensure their 5 key areas of SL compliance is in order. If not and the Home Office compliance officers decides to do an audit and during the audit find areas not in order, the organisation application will be refused. On top of the SL being refused, the organisation will have to wait 6 months from the Home Office refusal letter date before they can submit a fresh SL application.

Who can apply for a SL?

The organisation must have a UK presence to meet the requirements of holding a SL. The UK presence can be an office or private household if the organisation can demonstrate at either type of premises the 5 key areas which the Home Office would expect to see during an audit. If the organisation uses technology where they can access all their data from any web enabled device, the organisation can be working from a private residential address. If the organisation prefers a paper base system and works from home, the files must also be based at the home address.

Sponsor licence applications falls under two areas:

1. Employers of workers
2. Training institutes for students

SL applications are not as straightforward as they use to be as the Home Office are now carrying out more stringent HR checks before they issue a licence.

In the majority of organisations our firm have audited, we have yet to find one compliant client and in some cases, it is just a few tweaks, but many need a completely new HR processes implemented to just meet the home Office guidelines.

Whether the organisation thinks their HR is in perfect order or not, we will do a full check to be on the safe side.

Our aim is not to change the way the organisation runs their business or change their HR but to simply inform them where they are non-compliant. 

The organisation must meet these 5 key areas:

1. Reporting duties 
2. Record-keeping duties
3. Complying with the immigration laws
4. Complying with wider UK law
5. Not engaging in behaviour or actions that are not conducive to the public good.

If the Home Office approves the organisation SL, it is issued for 4 years and then you need to request to renew which will be for a further 4 years.

When the organisation applies for their SL, they need to decide which visa routes they wish to sponsor migrants under.

Long-Term visas

• Skilled worker visa
• Health and Care workers visa
• Intra-company visa
• Minister of Religion visa
• Sportsperson visa

Short-Term visas

• Charity Worker
• Creative and Sporting
• Government Authorised Exchange
• International Agreement
• Religious worker
• Seasonal Worker
• Youth Mobility Scheme

The organisation can apply for multiple long-term visa routes, multiple short-term visa routes and a combination of long and short-term visa routes.

When the organisation applies for their SL, they can only request Standard Certificate of Sponsorship (CoS) or Undefined CoS.

CoS types:

• CoS
• Undefined CoS (formerly Unrestricted CoS)
• Defined CoS (formerly Restricted CoS)

When can our organisation assign a Standard or Undefined CoS?

If the organisation SL is approved and they also approve the CoS requests made, the CoSs can be used immediately using the Home Office Sponsorship Management System (SMS).

When to use a Standard CoS

The organisation can assign this type of CoS to most overseas nationals who needs to be sponsored for a Leave to Enter or Leave to Remain visa application. If the organisation plans to sponsor a Skilled Worker, they must not assign this type of CoS but assign an Undefined or Defined CoS.

When to use an Undefined CoS

The organisation can only assign this type of CoS to a Skilled Worker that includes Health and Care Workers if the worker is looking to switch UK visa routes whilst in the UK or is changing their UK sponsor.

When to use a Defined CoS

The organisation can only assign this type of CoS to a Skilled Worker that includes Health and Care Workers if the worker is looking to enter the UK on a visa. These CoSs can only requested on an ad-hoc basis when the organisation needs them and cannot be used to sponsor workers already in the UK.

Once the organisation has access to their SMS, CoSs can be requested in the following ways:

• Annual allocation is assigned from 6 April to 5 April of each tax year unless applying for a SL under religious worker. Religious worker SL CoS renewal is based on 12 months from the date the SL when first issued and every 12 months thereafter. If other organisation SL was approved on the 1st October, the annual allocation of CoSs will expire on midnight of the 5th April, then a new annual allocation starts.
• If the organisation requires additional CoSs to their annual quota, they can request additional Standard CoSs or Undefined CoSs via their SMS.
• If the organisation needs to sponsor a Skilled worker to enter the UK, they must put in a request for this CoS. Note: The Defined CoS are usually approved in 1 working day, but requests can trigger a red flag with the Home Office to either ask for further clarification or they could visit the organisation if they suspect something is not genuine about the request.

If the organisation is looking to sponsor workers under Skilled worker or Intra-company worker visa routes, they must pay the ISC fee.

Who does not have to pay this ISC fee?

If the sponsored worker falls under:

• Intra-company Graduate Trainee visa; and
• Person who is on a visa to study in the UK, and switches to a Skilled Worker or Intra-company Transfer visa. If they extend their visa whilst in the UK; and
• If the sponsored worker falls under one of these occupation codes 2111 (chemical scientists), 2112 (biological scientists and biochemists), 2113 (physical scientists), 2114 (social and humanities scientists), 2119 (natural and social science professionals not elsewhere classified), 2150 (research and development managers), 2311 (higher education teaching professionals), 2444 (clergy), 3441 (sports players) or 3442 (sports coaches, instructors or officials) then your organisation will not have to pay the charge

What are the ISC fees?

If the organisation size falls under 50 employees or is a registered charity, the cost per year assigned to the CoS will be £364. If the CoS is assigned for 1 year and 4 months, the organisation must pay £364 + £182 plus the CoS.

If the organisation size falls over 50 employees, the cost per year assigned to the CoS will be £1000. If the CoS is assigned for 1 year and 4 months, the organisation must pay £1000 + £500 plus the CoS.

The Home Office will look at Section L8 and Section L9 when deciding to approve a SL or not.

Section L8

Section L9

The Home Office email the Authorising Officer the decision to approve the SL or not. 

If the SL is approved, the requested Standard or Defined CoSs may be zero allocation or set number, this will depend on how you explained who you need to sponsor.

The organisation will be issued a unique SLN (Sponsor Licence Number) and the Level 1 User assigned a unique User ID and password to access the organisation SMS.

The organisation will be assigned under A-Rated, this means the organisation SL has no restrictions in place from the Home Office.

A sponsor licence is issued for 4 years and it must be renewed before it expires. If the sponsor licence expires, the organisation must apply for a new one.

To renew a sponsor licence for a further 4 years, the organisation active level 1 user must login to their sponsorship management system and pay the renewal fee.

Renewal fee is based upon two levels, you have organisation that employ under 50 staff and the ones that employ over 50 staff.

Before renewing the organisation sponsor licence, confirm how many staff are employed and this is the gauge to renew the licence.

If the organisation previous licence period was based on staff total under 50 but now has exceeded 50, the organisation must pay the larger renewal fee.

The organisation is required to keep their sponsor licence updated within 10 and 20 days when changes happen within the organisation.

Changes can include the business sides of things and sponsored workers.

If the organisation has not had an audit done, our firm can carry this out this remotely and checks the sponsor licence 5 key areas of compliance.

If the organisation has sponsored workers and their sponsor licence is renewed, nothing changes for these workers but, if the organisation fails to renew their sponsor licence before it expires then those workers are no longer sponsored. If the sponsored workers carry on working, they would be deemed as illegal workers and a civil penalty could be issued up to £20,000.00 per illegal worker.

If the organisation is unsure if they are complying to the 5 key areas of compliance, the organisation should carry out an audit and if unsure, obtain a regulated firm likes our to do the audit.

The 5 key areas that were in place before 1 December 2020 changed on the 1 December 2020. 

It is possible UKVI could ask their compliance officers to audit the organisation premises before approving the sponsor licence renewal.

If the organisation is unsure, ensure the 5 key areas are all compliant.

What is sponsor licence maintenace?

This is where our firm is approved by the Home Office to access the organisation sponsorship Management System (SMS) which is a cloud-based platform that is approved as parto f the organisation sponsor licence.

If the organisation needs help in ensuring their SMS is kept up to date (mandatory if holding a sponsor licence) we can provide remote access support including dealing with right to work and other compliance elemetns when employing staff.

See below service level agreement to learn more on how we can support your organisation.

Our unique service level agreement covers an array of support and information to help the organisation get up to speed with the immigration rules and guidance when sponsoring long and short term workers under sponsorship.

Below sections are covered in our service level agreement:

1. About G4I

2. Organisation introduction

3. 5 key areas of sponsor licence compliance

3.1 Reporting duties

3.2 Record-keeping duties

3.2.1 SL key documents

3.2.2 Resident labour market test changes

3.2.3 Sponsored workers document filing guidelines

3.3 Complying with the immigration laws

3.3.1 Assigning a CoS to a family member

3.4 Complying with wider UK law

3.5 Not engaging in behaviour or actions that are not conducive to the public good

4. Preventing illegal employment

4.1 G4I process guide

4.2 Recommend process to follow

4.3 Interviewing

4.4 If employment commencing

4.4.1 Employment commencing guidance

4.5 Employment mandatory requirement

4.6 Home Office employer checking service

4.7 G4I pre-engagement checks

4.8 Right to work evidence

4.9 Leave to enter visa applications

4.10 Leave to remain visa applications

4.11 Biometric Residence Permit (BRP)

5. EU ana non-EU nationals under sponsorship

5.1 EU nationals and their family members

5.1 EU membership & UK free movement

5.2 UK entry 1 January 2021

5.3 EU Family members post 2020

6. Job posting compliance

6.1 Resident labour market test

6.2 Resident labour market test compliance

6.2.1 Find A Job

6.2.2 Secondary advertising options

6.2.3 Advertising recordkeeping

7. Sponsor licence and HR compliance

7.1 Business operations

7.1.1 Mergers and takeovers

7.2 Reporting duties

7.2.1 Ten (10) days reporting

7.2.2 Twenty (20) days reporting

8. Business structure

8.1 Company structure types

8.1.1 Single property clarification

8.1.2 Head Office clarification

8.3.3 Branch clarification

8.1.4 Overseas parent company or trading entity clarification

8.1.5 Head Office and SL control

9. Assigning the Right People to the organisation sponsor licence

9.1 SMS types

9.2 AO role

9.3 KC role

9.4 Level 1 user role

9.5 Level 2 user role

9.6 Representative role

10. SL Compliance audit and non-compliance

10.1 SL five (5) key areas

10.2 Compliance officers question types

10.3 Organisation SMS business duties

10.4 What if organisation SL is B-rated?

10.5 What if organisation SL is suspended?

10.5.1 Reasons to revoke an organisation SL

10.5.2 Challenging the suspended SL decision

10.6 What if organisation SL is revoked?

11. CoS compliance & associated costs

11.1 What is a CoS?

11.2 Who can be assigned a CoS, undefined CoS or defined CoS? 

11.3 What is a undefined CoS? 

11.4 What is a ‘defined CoS?

11.5 Purpose of assigning a CoS?

11.6 Knowing the right occupation code to assign to a CoS

11.7 Annual CoS allocation

11.8 Annual CoS allocation Increase

11.9 CoS and ISC

11.10 Certifying CoS maintenance

11.11 What if the organisation does not want to certify maintenance?

11.12 When is it exempt to demonstrate meeting the maintenance rule?

11.13 Priority CoSs

12. Recruitment cycle & internal responsibilities

13. Data compliance

14. G4I SMS  & visa support

15. SLA fees & services clarification & agreement

16. Agreement