RWK July News

What’s the problem?

Whilst international recruitment has been a vital source of additional workers for the health and social care sector, it is not without risks. Considerable concerns have been reported about modern slavery practices and non-compliance with sponsor licence requirements and Home Office reports confirm in 2024 there has been 1,342 Skilled Worker Sponsor Licence suspensions and 1,222 revocations. It is critical for you to audit your recruitment practices, re-fresh your compliance training, and ensure that you are operating ethically to avoid significant penalties and reputational damage.

How RWK Goodman can help

The specialist Business Immigration lawyers in our Health & Social Care team have extensive experience in assisting care providers with the sponsor licence application process and the general management of sponsor licences once they have been granted. Our expertise has delivered consistently successful outcomes for care providers which in turn has eased significant recruitment pressures.

We have created the following training courses to help you with international recruitment:

• Deciding whether to become a sponsor licence holder: what you need to know
• Sponsor licence compliance:
• — when reports need to be made on sponsored workers and how to make the report
• — when reports need to be made on changes within the business
• — record keeping duties relating to sponsored workers and the business
• — practical tips for preparing for a compliance visit from the Home Office.
•  Right to work checks – the law has changed again on these and non-compliance would cause issues when the Home Office visit.

Are you ready for a Home Office compliance audit?

If you hold a skilled worker sponsor licence, you will at some point receive a compliance audit from the Home Office. Often this can happen shortly after a licence has been granted. Compliance audits can be with or without notice and are designed to ensure that you are properly fulfilling the duties and responsibilities imposed on you as a licence holder. The audits can be daunting and stressful, with potentially severe consequences including licence suspension or revocation if serious breaches are discovered.

What is a Mock Audit?

Our mock audit is a review of a licence holding organisation by our business immigration lawyers. It will replicate the processes undertaken by the Home Office inspectors as closely as possible and will take place over the course of a day. This will enable you to have an understanding of what the compliance audit process is like as well as enabling you to understand areas that you may need to work on to ensure that the Home Office Compliance visit is as smooth and stress-free as possible.

What is covered in a Mock Audit?

• A visit by one or more of RWK Goodman’s Business Immigration Lawyers to your registered premises
• Go through your HR system/records, with the Authorising Officer (AO), to check if you are compliant with sponsor duties including record keeping and reporting duties
• Inspection of right to work check records
• Inspection of selected files of sponsored migrants
• Conduct of mock interviews of sponsored workers
• Checks to ensure the sponsored employees are abiding by their immigration conditions
• Checks to see whether you have been sponsoring workers for genuine vacancies and complying with payment requirements.

Outcome and benefits of a Mock Audit

• Identification of any potential breaches, gaps and concerns with suggestions on how to correct them where possible
• Opportunity to get everything in line for a UKVI/Home Office Compliance audit
• Awareness of what can be expected during an actual audit
• Peace of mind and ability to comprehensive plan for a Home Office visit
• Findings of the audit provided in a written report.