Is your Tier 2 sponsorship licence secure?
You probably have noticed that the UK Government has been clamping down on UK immigration. This year has witnessed more and more employers having their Tier 2 Sponsor License revoked. As we learnt from some employers who were investigated, the UKVI will check that employers are retaining all the documentation that relates to the Resident Labour Market Test (including but not limited to the job advertisements, the interview notes for all the applicants, etc) as well as copies of each employee's personal documentation. This includes: passport, UK biometric residence permit, national insurance number, up to date contact details, absence records, contract of employment and English certificates where applicable. For student workers, the term time must also be recorded.
Surely there is no way to predict when UKVI will check on companies' compliance with the terms of their Tier 2 Sponsor license. So you must keep all records fully up to date at all times. If your business is found by the Home Office to be short of the expectations, your license will be most likely to be suspended before being revoked. That means all your sponsored employees will have to cease working and find alternative visa arrangements.
There is no right of appeal against such a judgement. But if the UKVI can be persuaded that an administrative failure is merely an oversight it may be possible to negotiate a temporary downgrading of the sponsor license from an A to B rating. This will at least allow your existing staff to remain in post.
Thus it is worthwhile for you to check your current system of carrying out checks and record keeping with the assistance of a professional advisor rather than risk having your Tier 2 Sponsor Licence revoked.
We at Geo Immigration do offer a compliance service for you.