New Sponsor Obligations: Hybrid Working

What sponsors need to know following the latest update to Home Office Guidance

If your business holds a sponsor licence and is sponsoring migrant workers, there have been some changes to the place of work reporting obligations.

During the Covid-19 pandemic the Home Office stated that there was no strict obligation for sponsors to notify them if a migrant worker has begun working from home. The ruling has now been removed.

The Home Office have updated their guidance requiring where a worker has permanently moved or will be moved to a hybrid working pattern, that this change must be reported to the Home Office within 10 days. Short term work changes do not need to be reported.

A hybrid working pattern has been defined by the Home Office as a pattern ‘where the worker will work remotely on a regular and planned basis from their home or other address, such as a work hub space, that is not a client site, or an address listed on your licence’.

How to report Hybrid Working

These changes can be reported in the following ways:

When sponsoring a new worker, a comment can be left on the certificate of sponsorship before it is assigned to the individual outlining their hybrid working policy.
If a migrant worker is already working with you, changes can be reported through the sponsor management system within 10 days of the change.
Those who will be working from shared office spaces, libraries, home, or travelling it is not expected that the exact location will be reported to the Home Office.
When confirming hybrid working patterns, it is also advised that you confirm the employee’s residential details. It is worth noting that the employee can report changes to their address themselves on their UKVI account.

Reporting duties

Sponsors are required to keep up to date details of their migrant workers home address, contact information and copies of their right to work documentation throughout the entirety of their sponsorship and keep them on file for two years following termination of employment.

You should therefore ensure the following is maintained at all times:

✔️ SMS is updated regularly with migrant and sponsor activity, you must have a system in place to be able to report to SMS within 10 working days;

✔️ You have copies of the following of all workers (scanned copy dated with the date it was checked and by whom);

Passports, including any page showing leave stamps;
Immigration status documents including their period of permission to stay in the UK;
UK biometric residence permits (BRP) where applicable;
UK residential address;
Telephone / mobile numbers;
National insurance number;
Payslips;
Job description;
Employment contract;

✔️ Personnel files of all workers are up to date, such as increase/reduction in salaries are noted, changes to pension contributions, bonus and commission entitlements and payments;

✔️ Employment contracts are in place and performance reviews are logged;

✔️ A system is in place to keep record of when a sponsored worker is on holiday, off sick, on family leave, on unpaid leave and record any unexplained absences;

✔️ You have a system in place for monitoring migrant immigration status;

✔️ Copies of the documents sent when making the sponsor licence application – you are required to keep these documents for the length of the licence.

Records of migrant workers should be kept for at least two years from the date the sponsorship of the migrant ends.

Businesses who require further information and advice in respect of obtaining or maintaining their Sponsor Licence or other visa routes should contact our specialist Immigration team by scheduling a discovery call for further information and advice.

Speak to one of our Employment Law Solicitor today ↓

Author

Sara Maghouz

Trainee Solicitor

Email - sara.maghouz@dragonargent.com

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Startups & SME Advice, Business Immigration, Employment Law, Human Resources, UK SubsidiarySara Maghouz Maghouz16 May 2023Dragon Argent LimitedBlog PostComment