Reporting a migrant employee’s change of circumstances to the Home Office is an important responsibility of the employer. Failure to report changes will constitute a breach of licence duties by the sponsor.
The specific process of reporting may depend on the type of visa the employee holds. However, the general steps to consider are:
Understanding the Visa Conditions.
Review the employee’s visa conditions. Different visas have different requirements, and understanding the specific conditions attached to their visa is crucial. Make sure you read the decision letter carefully and understand the conditions of your migrant employee’s leave.
Use the Online Reporting System
Many changes of circumstances can be reported online through the UKVI reporting system. Employers can use the Sponsorship Management System (SMS) for this purpose. Log in to the SMS using the credentials provided during the sponsorship application process.
Understand the Changes That Need to Be Reported
There are several circumstances that need to be reported to UKVI such as:
- Worker’s absence. If your migrant employee is absent from work without permission for more than 10 consecutive working days, you need to report this to UKVI.
- Change of Work location. If the employee relocates from a normal work address indicated in their certificate of sponsorship, you must notify the Home Office.
- Termination of Sponsorship. There are several instances in which you may stop sponsoring the employee. For example, the person gets granted Indefinite Leave to Remain or permission to stay on a route that does not require sponsorship such as a partner route.
- Payment Reduction. You need to report if the sponsored employer’s pay is reduced. Pay increases do not need to be reported.
The details of other changes that need to be reported can be found on Guidance for Sponsors (p.10 – 13) prepared by the Home Office.
Submit the Report Promptly
Timeliness is important. The changes indicated above need to be reported to the Home Office by no later than 10 days after the relevant change occurs. Once you’ve logged into the SMS, follow the instructions to report the change promptly. Provide all the necessary information and documentation as requested.
Keep a record of the information submitted and any confirmation or reference numbers provided by the UKVI. This documentation is important for your records and may be required in the future. The Home Office may request you to provide documents pertaining to sponsored workers at any time.
Inform the Employee
It’s important to communicate with the employee about the changes being reported. They should be aware of the information that is being submitted on their behalf.
Additional Information and Documents
Be prepared to provide any additional information or documents that the UKVI may request during the reporting process.
Check the status of the report through the SMS. If the UKVI requires additional information or if there are any issues with the submission, follow up promptly to address them.
Immigration rules and procedures may be subject to change, and it’s advisable to check the most recent guidelines on the official UK government website to stay updated. If you are uncertain about the reporting process or if there are complexities in the employee’s situation, consider seeking legal advice. Immigration rules can be complex, and professional guidance can be valuable.
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