One of the early trends in immigration in 2025 has been an increase in the Home Office carrying out compliance checks on registered sponsors holding Skilled Worker and Global Business Mobility licences. These are no longer confined to in-person audits, instead, businesses are receiving requests for documents and information by email.
Audits and electronic checks can be triggered by a number of factors, such as:
- A large increase in the number of Certificates of Sponsorship ("CoS") requested or used by a company;
- A Defined CoS request for a new hire;
- Specific concerns about a business, perhaps due to a visa refusal or an error on a CoS;
- The business operating in a sector which the Home Office considers to be high-risk; or
- The business being randomly selected by the Home Office.
While all licence holders need to be prepared for a possible Home Office audit, it is fair to say that businesses in the healthcare sector—particularly care homes—are more likely to be audited. The most recent sponsor licence revocation cases involved care homes, and the sector has also seen a significant increase in the number of visas issued in recent years. With that in mind, what can a business do to prepare for an audit or information request?
Keep detailed right to work records and have strict processes in place
One of the main concerns in any audit is whether the business can be trusted to help prevent illegal working. This means they are expected to have a clear process for checking all employees’ right to work. This includes checking that British nationals have the right to work, as well as checking staff from overseas. Businesses are expected to have an understanding of the Home Office guidance and to keep clear and consistent records.
These checks are not only designed to identify workers without the right to work, but businesses with flawed processes can also face enforcement action—even if they have been fortunate enough to avoid hiring someone without the right to work.
Ensure job descriptions are up to date and employees understand them
During an audit, employees will be asked about their main duties, as well as their salary and other employment conditions. If an employee’s description of their role is not consistent with their CoS, this is a point the Home Office will raise with the employer. It can even lead to allegations that the employee is not working in a role consistent with their CoS, which can result in the loss of a licence.
Businesses should regularly review job descriptions to ensure they are accurate and update the Sponsor Management System as appropriate. Whenever an employee takes on new duties or is promoted, the employer must check if a new visa application is required.
Keep records up to date
A sponsor must maintain an up-to-date record of sponsored workers’ contact details and keep historic details on file. They must also ensure they hold all of the documents listed in Appendix D of the Sponsor Guidance. During an audit, the Home Office will expect to see evidence of what the business has done to ensure its records are up to date. For example, this can include having the worker sign a policy confirming they understand the requirement to notify their employer of any changes, as well as regular correspondence from the business asking the worker to confirm their details.
Having outdated records during an audit can give the Home Office cause for concern about a sponsor, as it may indicate deeper compliance issues.
Make sure to comply with wider employment and health and safety rules
Sponsor licence holders often focus on immigration compliance but forget that being a licence holder also involves a duty to comply with wider legal obligations. A company that breaches the law in another area may lose its licence—even if its immigration duties are being met.
This includes ensuring that all employees are paid at least the minimum wage, that there are no unlawful deductions from wages, that discrimination is avoided and that all relevant insurance is in place to operate the business.
Summary
An immigration audit—or even a request from the Home Office—can be daunting for a licence holder. However, taking regular steps to review and maintain records can make the process much easier and help ensure that problems are avoided.
Our specialist immigration team regularly carries out compliance audits and training sessions for clients to help them prepare for the possibility of a Home Office inspection. If you would like to arrange an audit or discuss how we can help you comply with your sponsor duties, please do not hesitate to get in touch.
