A UK organization looking to employ overseas workers must apply and receive a sponsor license, giving them the right to issue a certificate of sponsorship to foreign workers. Sponsor License comes with certain duties that a sponsor license holder organization must comply with during the entire validity period of the sponsor license. Sponsor License holders must comply with the sponsor's duties to ensure that immigration law is not abused. One of the key responsibilities of a sponsor license holder is to report the Change of circumstances, if and when there is any related to their organization or sponsored employees, in time to the Home Office.
There may be changes in the business and/or there can be changes in sponsored employees' circumstances. These changes must be reported to the Home Office for reasons such as:
To prevent illegal working;
To keep the details of workers updated;
To monitor employees' immigration status;
To keep the Home Office updated about changes in business, such as if you are selling your business partially or fully or if you are doing a merger or acquisition etc.
Any changes in the sponsored workers' circumstances must be reported to the Home Office so that timely action if required, can be taken. Changes in worker's circumstances that must be
If a sponsored worker does not turn up for work on their first day of the job and any reason given for their non-attendance;
If a sponsored worker leaves their job before the date mentioned on their certificate of sponsorship for any reason, such as resignation or dismissal;
If a sponsored worker is no longer sponsored because, for example, they have obtained ILR;
If a sponsored worker is given a promotion, there is a change in their salary, or there is a change to their core duties or change in the location of their work;
If a sponsored worker is absent from work without permission for more than ten consecutive days;
If a sponsored worker is absent from work without pay for four weeks or more where this is not covered by the exceptions permitted in the sponsor guidance;
If the sponsor has any information that suggests that a sponsored worker is breaching the conditions of their leave;
If there is a salary reduction of the sponsor employee;
Transfer of sponsored employee under TUPE; etc
Any change in the sponsor's organization and/or business also must be reported to the Home Office via the Sponsor Management System (SMS). These changes are:
Change of address of the company;
Change of name of the company;
A change to the key personnel named on the license;
Any change in company size or structure;
Sale of business in part or full;
Any joint venture or acquisition done by the company;
If you stop trading or become insolvent;
If there is a substantial change in the nature of the business
In the majority of cases, a Level 1 user in the sponsor license holding company can submit the report of Change of circumstances using the SMS (Sponsor Management System). Level 1 user is the person responsible for the day-to-day management of the sponsor license using the online portal.
Certain changes reported will be automatically updated within the SMS. However, some changes can also take up to 16-18 weeks to be processed when the Home Office requires further information.
In specific instances, such as to appoint a new Level 1 user or to surrender your sponsor license etc., you may not be permitted to use the SMS to report the Change. Instead, you will need to complete a "change of circumstances" form.
You can use the priority change of circumstances service for £200 to register a change with afaster response. You may be able to use the priority service to report certain changes, including:
The additional certificate of sponsorship allocation
Annual certification of sponsorship allocation
Adding a new level 1 user
Changing Level 1 user
Replacing the authorizing officer
Amending the authorizing officer
Replacing the key contact
Amending the key contact (KC)
Adding a representative
Amending your organization details, such as moving to new premises
It is important to report changes in circumstances, or else your UK sponsor license can be revoked. You also need to report the changes within the specified time and in the required format. Sometimes you may be asked for further information and/or documents by the Home Office. If you need support at any stage of the process of reporting the changes in circumstances, we are always ready to help you, as we have helped many of our clients in our journey so far. You can reach us on 02034111261 or email us.
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