Sponsorship Reporting Duties: What You’re Required to Report

As a sponsor, it’s crucial to stay on top of your responsibilities to ensure your sponsored workers comply with UK immigration requirements. Failing to meet these obligations can result in serious consequences, including the potential revocation of your sponsor licence.

In this post, we’ll highlight the key reporting duties you need to be aware of in order to maintain compliance with Home Office guidelines and safeguard your sponsorship status. 

If a Sponsored Worker Doesn’t Start on Time

A sponsored worker must start the role for which they are being sponsored within 28 days of any of the following dates: the start date on their CoS, the date they receive their decision or the valid form date on their visa vignette. If the worker doesn’t start within the 28-day window, you must report this and provide a reason for the delay.

What to report:

• The new start date.
• The reason for the late start. Valid reasons for a late start could include: travel disruption due to a natural disaster, military conflict or pandemic, the worker is required to work out a contractual notice period for their previous employer – if the worker is in the UK, their conditions of stay must allow them to do this, the worker requires an exit visa from their home country and there have been administrative delays in processing this, illness, bereavement or other compelling family or personal circumstances. This list is not exhaustive.
• If the Home Office does not consider the reason to be valid, they have the discretion to cancel the sponsored worker’s permission to stay. 

If your sponsored worker is absent from work without your permission for more than 10 consecutive working days, a report must be made. This report must include the following:

• The date the unauthorised absence started.
• If the worker has since returned to work, the date they returned.
• If the worker has not returned to work, details of any attempts you have made to contact the worker.
• Whether you have made, or will be making, any salary deductions for the period of unauthorised absence, and what those deductions are.
• Whether you intend to continue sponsoring the worker.

Absence Without Pay or Reduced Pay for Over 4 Weeks

If a sponsored worker is absent from work without pay, or on reduced pay, for more than 4 weeks in total within a calendar year (or during the period you are sponsoring them if they are a Scale-up Worker), you should normally stop sponsoring them unless a valid exception reason applies. If there is a valid exception reason, a report can instead be made.

Valid exception reasons include:

• Statutory maternity leave, statutory paternity leave, statutory parental leave, statutory shared parental leave, statutory adoption leave.
• Sick leave.
• Assisting with a national or an international humanitarian or environmental crisis, provided you agreed to the absence for that purpose.
• Taking part in legally organised industrial action, jury service attending court as a witness, statutory neonatal care leave. 
• Other reasons may also be considered by caseworker discretion but if it is not considered valid the workers permission can again be cancelled.

Salary Reductions

If a sponsored worker’s salary or pay is otherwise reduced from the level stated on their CoS, this will need to be reported. You do not need to report increases in salary, unless you have been sponsoring a pre-registration nurse or midwife, and they have now completed registration. 

The salary must continue to meet the relevant minimum salary requirements and national minimum wage considerations unless certain exceptions apply which include:

• The reduction coincides with a temporary reduction in the worker’s hours, or a phased return to work, for individual health reasons, provided: this is supported by an occupational health assessment; and the reduction does not result in the hourly rate falling below any hourly rate requirement which applied when the person obtained their most recent grant of permission
• The person is a Skilled Worker and the reduction in salary has been authorised as a result of a grant of new entry clearance or permission to stay
• The worker otherwise continues to meet the salary requirements on the route on which they are being sponsored.

In all instances of salary reduction, a report will need to be made. 

Any significant changes to the worker’s employment conditions must be reported, except for changes which require a change of employment application. These can include: 

• A change of job role, job title or core duties, or a promotion, provided the change is within the same occupation code and all of the conditions in paragraph S9.10 of Part 2: Sponsor a worker guidance are met.
• A change listed in paragraph S9.17 of Part 2: Sponsor a worker (‘Exceptions: change of employment application not required’).
• A sponsored worker’s normal work location changes.
• You stop sponsoring the worker for any reason.
• If you are sponsoring an offshore worker, the dates they arrive in and leave UK waters.
• Any additional route-specific changes not otherwise referred to above.

If any of these changes occur, it’s essential to report them to the Home Office.

Maintaining compliance with your sponsorship reporting duties can prevent you from penalties. If you require support with fulfilling your reporting duties, our team of expert immigration advisers can handle the reporting process on your behalf. 

Contact us today to learn how we can help you stay compliant and protect your sponsor licence.