The Sponsor's Dilemma: A Troubleshooting Guide from Business Immigration Solicitors

The Sponsor's Dilemma: A Troubleshooting Guide from Business Immigration Solicitors

Successfully obtaining a Sponsor Licence is a major achievement for any UK business, unlocking the door to a global talent pool. However, the licence is not a one-time prize; it is an ongoing, active responsibility. Life in a dynamic business is rarely straightforward, and as a licensed sponsor, you will inevitably face complex, real-world scenarios that are not clearly addressed in the basic rulebook.

Knowing how to respond to these situations correctly is the key to maintaining your compliance status and protecting your invaluable licence. This guide will act as a "sponsor's troubleshooting manual," addressing some of the most common dilemmas that businesses face. As expert Business immigration solicitors, we at Immigration Solicitors4me are the compliance helpline you need to navigate these tricky questions.

Scenario 1: "Our sponsored Skilled Worker is brilliant. We want to promote them. Can we just change their job title?"

The Problem: A sponsored employee has excelled, and you want to promote them to a more senior role with new responsibilities.

The Expert Answer: You must proceed with caution. A promotion is considered a "change of employment," and you may need to report this to the Home Office. The critical question is whether the new role is still within the same Standard Occupational Classification (SOC) code as the one they were originally sponsored for.

  • If the new role is in the same SOC code:You may only need to report the change of salary via the Sponsor Management System (SMS).
  • If the new role is in a different SOC code:This is a significant change. The employee will almost certainly need to make a brand-new visa application, and you will need to assign a new Certificate of Sponsorship for the new role.

Simply changing their job title internally without checking with an expert is a serious compliance breach. Specialist Business immigration solicitors can analyse the new role against the old one and advise you on the correct, compliant procedure.

Scenario 2: "We are acquiring another company that also sponsors workers. What do we do?"

The Problem: Your business is growing through a merger or acquisition, and the company you are buying has its own sponsored employees.

The Expert Answer: This is a legally complex situation where corporate law (specifically TUPE regulations) and immigration law intersect. You cannot simply absorb the new employees and assume their sponsorship is valid.

Your company must act quickly. You are required to make a specific application on the SMS to the Home Office, typically within 28 days of the takeover, to report the change and formally take on sponsorship responsibility for the transferred employees. Failure to do so can mean the new employees are technically working for you illegally, putting both them and your own Sponsor Licence at immense risk. Expert legal guidance is essential to manage the immigration aspects of any corporate restructuring.

Scenario 3: "Our sponsored employee has been signed off on long-term sick leave. Do we need to do anything?"

The Problem: A valued sponsored worker is legitimately absent for an extended period due to illness.

The Expert Answer: Yes, your reporting duties continue. As a sponsor, you are required to report a sponsored worker's absence without pay if it lasts for more than four weeks in total within any single calendar year. You must report the start date of the absence and, later, the date they return to work.

While you must, of course, follow your duties as a responsible employer to your sick employee, you must also meet your compliance duties to the Home Office. Experienced Business immigration solicitors can provide clear advice on how to correctly manage these reporting duties in a way that is both compliant and compassionate.

Your Compliance Troubleshooters: Immigration Solicitors4me

Managing a Sponsor Licence is an active, ongoing process that requires expert oversight. At Immigration Solicitors4me, our team of Business immigration solicitors are your expert troubleshooters and your compliance helpline.

  • We don't just help you obtain your licence; we provide ongoing, day-to-day supportto help you manage these specific, real-world scenarios.
  • We provide clear, fast, and commercially-aware answersto your questions, allowing you to make decisions with confidence.
  • We act as your outsourced compliance experts, protecting your valuable licence from risk.

Proactive Management Protects Your Investment

Your Sponsor Licence is a critical business asset that requires diligent and proactive management. Having an expert legal partner on call to provide instant clarity on these tricky but common questions is the key to long-term compliance and uninterrupted growth.

To secure your compliance helpline, contact Immigration Solicitors4me for a consultation.


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