If you are due to receive a Tier 2 compliance visit from the Home Office, either before your license is issued, or after, it is important to be as prepared as possible. Some businesses prepare for a compliance interview by carrying out mock audits of their staff, effectively simulating what would happen if a real Home Office representative were to visit. This ensures that staff assisting the compliance officer know what is being looked for, how to respond, and the evidence which needs to be provided. In this article, we will provide some of the questions you can expect during a Home Office Tier 2 compliance visit.
What is the Purpose of the Questions Asked by the Home Office Compliance Officer?
At the start of your compliance visit, the purpose of the visit will be explained to you. Compliance officers will use the following words (or words to this effect):
“1. The purpose of this interview is to verify whether you have complied with the sponsorship duties and the specific requirements for the tier(s) you are licensed for and/or with work permit rules. In the event that a decision is yet to be made on your licence application, the information you provide will be used to make a decision on your application.
2. If you already hold a licence I will be asking questions to verify whether the migrants you sponsor meet the requirements of the tier they are sponsored under, including the type of employment they currently undertake and the salary or other support they receive, and also whether the information you provided on the Certificate of Sponsorship was true and accurate. Information gathered may be used to revise a leave decision, or decide upon an application for leave to enter or leave to remain, made by an overseas national linked to or sponsored by your organisation”.
What the officer wants to see is that you are issuing certificates of sponsorship (CoS) in accordance with the type of license you hold, for appropriate roles and salaries, and the information you provided when you first applied is true. They will also want to verify that you have followed the correct processes, you have the systems, processes, and procedures in place to keep up to date records, and you are adhering to your Home Office reporting requirements.
The following outlines just some of the questions you can expect to be asked during your compliance interview.
Clarifying your CoS Allocation
If you are a new applicant, you will be asked to justify the number of unrestricted CoSs you have requested. If you already have a license, you will be asked to explain if and why you still require the number of unrestricted licenses you are currently eligible for.
Monitoring Immigration Status and Preventing Illegal Working
To verify that you are putting in place the necessary checks to prevent illegal working, you will be asked to provide evidence of right to work checks. They may want to see that you have obtained relevant documents, checked them, and kept copies.
Maintaining Migrant Contact Details
A key part of the duties of a Tier 2 sponsor license holder is to keep up to date and accurate contact details on your sponsored workers. These need to be kept up to date on the SMS. You may be asked to show how you are keeping contact details of sponsored workers up to date, and that you have a history of these, including their UK residential addresses, telephone numbers, and mobile telephone numbers. Crucially, they will cross-check the information you provide with the migrant worker themselves.
Record Keeping & Recruitment Practices
A key part of the compliance process is ensuring that your business has sound record keeping and recruitment processes. You may be asked for evidence that you are keeping key documents and records such as:
- professional accreditations and registrations
- payslips
- national insurance numbers
- lists of applicants who were shortlisted for interviews
- evidence that the migrant worker is qualified and experienced for their role
- evidence that you carry out residence labour market tests
- employment contracts (if these are used by the company)
Migrant Tracking & Monitoring
Your business will also be assessed on how well it is monitoring and tracking sponsored workers in terms of their attendance at work. Employers have a duty to inform the Home Office if a sponsored worker does not turn up on day one, or has a long absence from work. To establish that this is being done correctly and consistently, you may be asked to show how you are tracking the attendance of employees and that you have reported any of the following events following to the Home Office within the time limit of ten days:
- failure by any sponsored worker to arrive for their first day of work
- a sponsored worker has taken ten consecutive days of unauthorised absence
- a sponsored worker is dismissed or has otherwise ceased to be sponsored by the sponsor
- a sponsored worker has taken a period of unpaid leave, such as a sabbatical, which means that the sponsor is no longer allowed to sponsor the migrant
Ultimately what the compliance officer wants to see is that you have the processes and procedures in place to monitor the attendance of sponsored workers and that you are reporting changes in circumstances in a timely manner.
Final Words
You can expect to be asked a number of questions on all of the areas outlined above in your compliance visit. The exact style and wording used in the questioning will vary, but the substance will remain the same. If you need any assistance with preparing your business for compliance visits, consider engaging immigration Solicitors who can carry out regular mock audits which simulate the process and the questions you will be asked. And crucially, they will be able to advise you on areas which require improvement, giving you confidence that your business will be compliant every time.
