1. Overview of Home Office Compliance Visit for Sponsor Licence Holders

A Home Office compliance visit is a visit by the Home Office either to carry out checks prior to making a decision on your sponsor licence application or an inspection to continue to monitor your compliance during the validity of your sponsor licence. 

The Home Office can carry out on-site visits or digital compliance checks. For on-site visits, the Home Office can select to make an announced or unannounced visit. As the Home Office guidance explained, they can visit any of your branches or sites under your control and this can include relevant client sites where your sponsored worker will be working. 

It is also common for the Home Office to conduct a digital compliance check. They can require a list of documents to review prior to the inspection and may want to interview the Authorising Officer or any sponsored workers.

2. Understanding Pre-licence Compliance Visits 

The Home Office may decide to carry out pre-licence checks if they have concerns about the evidence provided or too little information was provided in the sponsor licence application. If they are unable to carry out a compliance check, they will base their decision on the information you provided. This may result in your application being refused.

If you receive a notice of a pre-licence compliance visit, the Home Office is likely to consider whether:

• you have human resource and recruitment systems in place to meet your sponsor duties;
• you can offer genuine employment;
• the role meets the required skill levels and salary requirements;
• you may be a threat to immigration control.

They may also wish to verify the information you provided in your sponsor licence application  and carry out checks to determine whether any of the key personnel or person involved in the business, such as the owner, have an unspent criminal conviction for a relevant offence or have been issued with a relevant fixed penalty.

3. Post-licence Compliance Visits: Remembering Your Obligations

Once you have been granted a sponsor licence, the Home Office may conduct a visit if you have a poor record of compliance with them or with other government departments. They will want to see if you have complied with your sponsor duties of: 

• reporting: whether you report the changes to a sponsored worker’s circumstances or changes to your organisation within the time limits; 
• record-keeping: checking whether the records in Appendix D are kept; 
• complying with immigration laws: whether the workers have the qualifications and experience to do the job;
• complying with wider UK law: this can include  meeting the National Minimum Wage and offering employees the option to join a pension scheme.

The Home Office wants to see that your business is genuine and operating lawfully in the UK. The Home Office explains that:

“Compliance checks may be taken on the basis of a reasonable suspicion that you have breached your sponsor duties or are otherwise no longer suitable to hold a licence. This may be based on a poor previous record of compliance with us or other government departments.”

4. Preparing for a Home Office Compliance Visit

The Home Office may require you to send a copy of the documents prior to the compliance visit. 

The Home Office is likely to interview the Authorising Officer, any relevant personnel and sponsored workers. Prior to the Home Office compliance visit, they may inform you of the sponsored workers they wish to interview, but that may not always be the case. Ensure your staff is available on the day of the visit. 

Questions relating to the role and recruitment of the sponsored workers may be raised. Staff should be prepared to answer questions about their duties, qualifications, and/or hourly rate

We have set out below a number of areas where the Home Office may focus on during the compliance visit:

Human Resource Systems

When assessing your suitability to be a sponsor, the Home Office may look at whether you have human resource and recruitment systems in place. They want to see that the records are accessible and that any relevant policies are updated.

The Home Office may wish to see that you have a copy of the employment contracts for your employees as well as the records of the employees’ annual leave and absences.  

Right to Work Checks

They may want to see whether your right to work checks were done accurately and examine the evidence you have retained for these checks. The Home Office has published an Employer’s guide to right to work checks advising an employer how to conduct a right to work check and the specific actions to take to prevent liability for a civil penalty.   

Sponsored Worker’s work address

They can conduct compliance checks at any physical addresses where your sponsored workers carry out, or would carry out their employment duties. 

If the Home Office needs access to a third party’s site, evidence of any arrangements between you and the third party will need to be provided. You should also ensure that the third party provides full-cooperation. 

No physical office

If your business has no or little physical office space, the Home Office will consider the type of work that your sponsored worker will be doing and the location where the sponsored worker will be working. They may conduct an inspection at the physical address provided by the Authorising Officer.

5. Immigration Audits: Safeguarding Your Sponsor Licence

An immigration audit is a mock exercise of checking your human resource system, policies and documents to get ready for a Home Office compliance visit. Our barristers can help in conducting an immigration audit of your business as explained in our article How An Immigration Audit Can Safeguard Your Sponsor Licence. The consequences of failing a Home Office inspection once your sponsor licence has been granted include:

• Downgrading your licence to a B-rating: an action plan will be introduced for you to comply with within a certain period of time. There is a fee to be paid and no new workers can be sponsored until your A-rating has been regained.
• Suspending your licence: No Certificate of Sponsorship can be assigned during the suspension period. Your current sponsored workers will not be affected unless the Home Office decides to revoke your licence. 
• Revoking your licence: If your licence is revoked, you will not be able to sponsor any more workers. Any current sponsored workers’ permission will normally be cancelled. 

6. What to Expect During a Home Office Compliance Visit

At a compliance visit, they are likely to request to speak with the key personnel and the sponsored workers. They expect the Authorising Officer to demonstrate their systems during the compliance check to see the right to work checks and records of absences and contact details. They may verify any information provided in the sponsor licence application and the sponsored worker’s application.

It is common for them to ask questions about the genuineness of the role, including whether there is a job description, whether there is a need for the vacancy and any required professional qualifications for the role. They may also ask to see any documents showing the recruitment and the interview records. Further, they may ask how the organisation monitors staff working from home and how often the organisation pays staff. The common questions relating to the organisation may include providing a summary of the business and whether there are any links to any other business.

After the visit, the Home Office may request further documentation to be submitted after the check. 

7. Contact Our Immigration Barristers

For expert advice and assistance in relation to a Sponsor Licence application or Immigration audits, contact our immigration barristers in London on 0203 617 9173 or via the enquiry form below.

8. Frequently Asked Questions

What is the purpose of a Home Office compliance visit?

A compliance visit is conducted by the Home Office to ensure businesses with sponsor licences are meeting their sponsor duties and complying with immigration laws.

Are Home Office compliance visits always announced?

No, compliance visits can be announced or unannounced, and some checks may also be conducted digitally via platforms like MS Teams.

What happens if I fail a Home Office compliance visit?

Failing a compliance visit can result in downgrading, suspension, or revocation of your sponsor licence, affecting your ability to sponsor workers or the refusal of your sponsor licence application.

How can I prepare for a compliance visit?

Preparation includes reviewing your human resource systems, ensuring compliance with right to work checks, and keeping accurate records of sponsored workers’ employment details.

What is an immigration audit, and do I need one?

An immigration audit is a mock compliance check to assess your readiness for a Home Office visit. It can help identify gaps in your systems and ensure compliance.

Who might the Home Office interview during a compliance visit?

The Home Office may interview the Authorising Officer, other key personnel, and sponsored workers to verify compliance and assess the genuineness of roles.

Can the Home Office visit any site where sponsored workers operate?

Yes. The Home Office can conduct compliance checks at any physical address where your sponsored workers carry out their duties, including client sites or third-party locations. Evidence of any arrangements with third parties must be provided, and full cooperation is expected.

What documents and records should I have ready for a compliance visit?

You should have employment contracts, records of annual leave and absences, right to work check evidence, and other HR documentation readily available. The Home Office may also request recruitment records, interview notes, and proof of compliance with sponsor duties.