This section explains your sponsorship duties under the points-based system, including your duties under different tiers, and your duties of recordkeeping, reporting and compliance.

As a sponsor, you must meet certain duties to make sure immigration controls remain effective. The aims of these duties are to:

• prevent abuse of assessment procedures;
•  capture any patterns of migrant behaviour early which cause concern;
• address possible weaknesses in your processes which cause those patterns; and
• monitor compliance with immigration rules.

If you have any queries about your sponsorship duties, you should raise them with The Home Office visiting officers who provide advice and act as a general point of contact.

You can use the employer checking service which is a developing service that offers employers an opportunity to check the status of individuals to work in the United Kingdom.

§                     Recordkeeping

§                     Reporting

§                     Compliance

§                     How we assess a sponsor's systems and compliance

§                     Co-operating with The Home Office

§                     Tier specific duties

§                     Sponsor management system

Recordkeeping

This page explains your record keeping duties as a sponsor under the points-based system.

You must keep the following records or documents, and be prepared to give them to The Home Office officials if asked:

• a photocopy or electronic copy of each sponsored migrant’s passport or United Kingdom immigration status document (and in time, their ID card), showing evidence of their entitlement to work or study including the time of their permission to stay  in the United Kingdom. Sponsors who are employers should be aware of their responsibilities to help prevent illegal working in the United Kingdom; and
• each sponsored migrant's contact details (address, telephone number, mobile telephone number), which must be kept up-to-date;

You must give documents about sponsored migrants that they think are relevant. For example, they may ask for details of your recruitment practices, so they can make sure the resident labour market test is met correctly. See Appendix D for a full list of documents you must send.

 ID cards

From 2008 Home Office start introducing ID cards for foreign nationals. These are a new type of immigration status document containing details of the holder's immigration status, photograph and fingerprints.

If the migrant has an ID card, you must keep a copy of it.

Reporting

This page explains your reporting duties as a sponsor under the points-based system. They apply to all sponsors in all tiers and categories.

You must report the following information or events about sponsored migrants to The Home Office within the time limit given:

• If they do not turn up for their first day at work, or do not enrol on their course at the expected time, you must report this within 10 working days. You must include the reason the migrant gives for non-attendance or enrolment (for example, a missed flight).
• If they are absent from work for more than 10 working days, or they miss 10 'expected contacts' on their course of study without your reasonably granted permission, you must tell The Home Office within 10 working days of the 10th day of absence or the 10th missed contact. The page on tier-specific duties for tier 4 sponsors contains more information about expected contacts.
• If they stop their studies, or if their contract of employment or registration ends (including if they resign or are dismissed), you must tell The Home Office within 10 working days of the event in question, and give The Home Office the name and address of any new employer or institution that they have joined if you know it.
• If you stop sponsoring them for any other reason (for example, if they move into a immigration category with a different sponsor or one that that does not need a sponsor, or their permission to stay in the United Kingdom ends because their course of study ends), you must tell The Home Office within 10 working days.
• If there are any significant changes in their circumstances (for example, a change of job or salary (but not a change of job title or an annual pay rise), the length of a course of study or the location they are working at, you must tell The Home Office within 10 working days.
• If you have any information which suggests that they are breaching the conditions of their leave, you must tell The Home Office within 10 working days.
• If there are any significant changes in your circumstances (for example, if you stop trading or become insolvent, substantially change the nature of your business, are involved in a merger or are taken over), you must tell The Home Office within 28 calendar days.
• You must also send The Home Office details of any third party or intermediary, in the United Kingdom or abroad, that helped you recruit employees or students.

For sponsors under tier 4, the above events must be reported to The Home Office if they take place when a student is on a pre-sessional course with a partner institution named on their visa letter or confirmation of acceptance for studies.

You should report information using the sponsorship management system.

If you suspect they are engaging in terrorism or any other criminal activity you must give the police any information you have.

Information about migrants' non-attendance, non-compliance or disappearance will be used to proceed with enforcement action against them.

Compliance

This page explains the rules you must follow to comply with the law as a sponsor under the points-based system.

You must comply with the immigration laws and meet the following obligations:

• you must make sure the migrant who is coming to work is legally allowed to do the job, and has the right registration or professional accreditation where needed by law, and keep a copy of the registration document or certificate which you can give The Home Office upon request. For example, if the migrant is coming to work as a doctor, you must make sure they have the right registration to allow them to practice as a doctor in the United Kingdom;
• you must not employ someone whose immigration status (or lack of status) does not allow them to do the job they are applying for, and you must stop employing someone who stops being allowed to work for any reason;
• you must only assign certificates of sponsorship to those who, to the best of your knowledge, meet the requirements of the tier or category they are applying under specified in the immigration rules, and who are likely to meet the conditions of their permission to enter or stay in the United Kingdom

Co-operating with The Home Office

This page explains the rules you must follow to co-operate with The Home Office as a sponsor under the points-based system.

You must co-operate with The Home Office as follows:

• allow The Home Office staff to access to any of your premises on demand. Visits may be either prearranged or unannounced;
• stick to any sponsorship action plan set by The Home Office;
• look to minimise the risk of immigration abuse by complying with any good practice guidance that Home Office or any sector body may produce for you in particular tiers or sectors.

Tier-specific duties

This page explains the duties you have as a sponsor under specific tiers and categories of the points-based system.

Tier 2 - skilled worker

This page explains the duties you have as a sponsor under the tier 2 - skilled worker (general) category of the points-based system.

If a job is on the shortage occupation list, it means there are not enough resident workers to fill the available jobs in that particular sector. Migrants who come to the United Kingdom to fill a skilled job in tier 2 on the shortage occupation list will get enough points without proving their prospective earnings or qualifications.

Before you assign a certificate of sponsorship you must make sure that:

• the job is at S/NVQ3 skill level or above; and
• the job is a genuine vacancy and meets the resident labour market test, is on the shortage occupation list or is an intra-company transfer; and
• the migrant will be paid the appropriate salary rate for the job.

Tier 2 - intra-company transfer

Before you assign a certificate of sponsorship you must make sure that:

• the migrant has been working for your organisation, either inside the United Kingdom as an intra-company transferee or outside the United Kingdom, for at least six months directly before the transfer;
• the job is at S/NVQ skill level 3 or above; and
• the migrant will be paid the appropriate salary rate for the job.

Additionally, any migrant entering the United Kingdom under the tier 2 - intra-company transfer category must not be directly replacing a settled worker.

Working for your organisation for the past six months

You do not have to carry out a resident labour market test before sponsoring an intra-company transfer. However, a migrant coming to the United Kingdom on an intra-company transfer must have been working for your organisation for at least six months directly before their transfer.

This work can have been done inside or outside the United Kingdom, or a combination of both. However, if any of it was done inside the United Kingdom, the migrant must have had permission to work for you as a tier 2 - intra-company transfer migrant and/or as an intra-company transfer work permit holder.

The only exception to this six-month rule occurs where the migrant has been on maternity, paternity or adoption leave during the previous six months. If this is the case, and you have employed the migrant for at least six months in the last 18 months, they can still be employed in this category as long as they meet all the other requirements.

When they make their tier 2 - intra-company transfer application, the migrant may have to send The Home Office evidence of that they have been working for you over the previous six months. Evidence may take the form of:

• payslips for the past six months; or
• personal bank or building society statements covering the past six months; or
• a building society pass book.

If the migrant sends payslips, you may have to certify them. They should be either formal payslips or on company-headed paper. If payslips are on unheaded paper or are printouts of online payslips, the migrant will have to send The Home Office a letter from you confirming the payslips' authenticity. This letter must be on company-headed paper and signed by a senior official.

Appropriate salary level - exchange rate and allowances

The migrant must be paid the appropriate salary rate for the job, which must be at or above S/NVQ level 3.

Salary may be paid in the United Kingdom or abroad. If the migrant will be paid abroad in a currency other than pounds sterling, the salary amount entered on the certificate of sponsorship will be based on the exchange rate for that currency on the day the certificate is assigned, taken from the rates published on the currency website Oanda.

When calculating the migrant's total salary for the purposes of awarding points and assessing whether the salary passes the 'appropriate rate' test, Home Office will take account of:

• basic pay excluding overtime; and
• allowances (daily payments to cover the additional cost of living while the migrant is in the United Kingdom, but not expenses to cover travel between the source country and the United Kingdom).

If an allowance is made available solely for accommodation purposes (whether in cash or in kind), the maximum that the allowance can contribute to the total gross salary package is 30%. If the accommodation allowance accounts for more than 30% of total gross salary, they will disregard the excess.

However, they will allow the accommodation allowance to contribute up to 40% of total gross salary in situations where:

• you have issued a certificate of sponsorship for 12 months or less to a migrant who is applying from outside the United Kingdom; or
• the migrant is applying for an extension from with in the United Kingdom, but their total stay here will still be 12 months or less.

Tier 2 - sports people

All migrants in this category must have the approval of the appropriate governing body for their sport (officially known as an endorsement). This endorsement will confirm that the sports person meets the code of practice as agreed between The Home Office and the sporting body and also confirm that:

• the migrant is internationally established at the highest level; and
• the migrant will make a significant contribution to the development of their sport at the highest level in the United Kingdom; and
• it is appropriate to fill the post with a migrant who is not settled in United Kingdom.

When a player moves to another club on a temporary transfer of registration (loan), the original club must use the sponsorship management system to tell The Home Office of the migrant's change of location. This is because loan players are not employed by the loan club, but are contracted out by the original club.

The original club keeps all its sponsorship duties and must make arrangements with the loan club so that the original club continues to fulfil its duties. The loan club does not need to apply for an individual governing body endorsement. When the player returns from loan, the original club must update the sponsorship management system again with the migrant's location details.

If the player is permanently transferred to another club, the original club must tell The Home Office using the sponsorship management system, and the new club must make a fresh application for an individual governing body endorsement on the player's behalf. The new club must be a licensed sponsor, and all clubs should note that they must complete the change of employment process before the player can play as a permanent employee of the new club.

Any player on loan from an overseas club to a club in the United Kingdom must meet all the requirements of Tier 2 or Tier 5, and therefore must have an individual governing body endorsement.

Before you assign a certificate of sponsorship you must make sure that:

• the migrant intends to base themselves in the United Kingdom; and
• is approved by the governing body for the sport; and
• they will comply with the conditions of their permission to stay and leave the United Kingdom when their leave expires.

Tier 2 - minister of religion

Before you assign a certificate of sponsorship you must make sure that:

• the migrant is qualified to do the job in question, and
• they intend to base themselves in the United Kingdom for the length of their stay; and
• they will comply with the conditions of their permission to stay and leave the United Kingdom when their leave expires; and
• you can support the migrant with funds and/or accommodation;
• you have met the resident labour market test for the role, to ensure the migrant will not be displacing or denying an employment opportunity to a suitably qualified member of the resident labour force.

Tier 4 - students

In addition to your general sponsorship duties, you must also:

• keep a copy of all sponsored migrants' passport pages, showing all personal details (including biometric details) and leave stamps or immigration status documents - including evidence of their entitlement to study in the United Kingdom and the period that they have permission to stay here;
• keep each student's contact details and update them as necessary;
• report to The Home Office any students who fail to enrol on their course to them within the enrolment period;
• report to The Home Office any unauthorised student absences (see 'Expected contacts' below);
• report to The Home Office any students who discontinue their studies (including any deferrals of study);
• report to The Home Office any significant changes in students' circumstances (for example, if the length of a course of study shortens);
• maintain any appropriate accreditation;
• offer courses to international students that comply with The Home Office conditions;
• comply with applicable rules of the points-based system and the law; and co-operate with The Home Office.

Additionally, if you are sponsoring a child student who is going to be cared for in a private foster care arrangement during their stay, you must send the local authority in the area where they will be living:

• the name of the foster carer; and
• the address where the foster carer and the child student will be living.

You must send this information as soon as you become aware of the child student's arrival in the United Kingdom.

If a student fails to enrol on their course, Home Office expect you to tell their details no more than 10 working days after the end of their prescribed enrolment period.

If a student ceases to attend your institution, either because you have withdrawn them from the course or because they have told you that they are leaving, Home Office will expect you to tell The Home Office no more than 10 working days after this is confirmed.

If a student defers their studies after they have arrived in the United Kingdom, their permission to be in the United Kingdom will no longer be valid because they will not be actively studying. You will need to tell The Home Office of the deferral and advise the student to leave the United Kingdom. When the student is ready to continue their studies, they will need to make a new visa application.

Expected contacts

You will need to tell The Home Office if a student misses 10 expected contacts. For students in schools, further education colleges and English language colleges, this will normally be where the student has missed two weeks of a course. In the higher education sector, where daily registers are not kept, 'expected contacts' include:

• attendance at any lesson, lecture, tutorial or seminar (as relevant to the level of study);
• attendance at any test, examination or assessment board;
• submission of assessed or un-assessed coursework;
• submission of 'interim' dissertation/coursework/reports;
• attendance at any meeting with a supervisor or personal tutor;
• attendance at any 'research method' or 'research panel' meetings. or at 'writing up' seminars or 'doctoral workshops';
• attendance at a viva;
• registration (matriculation/enrolment); and
• attendance at an appointment with a welfare advisor or an international student adviser.

This list is not exhaustive - other types of interaction with students may also count as expected contacts.

Managing potential abuse

If significant numbers of students drop out or fail to enrol, this will raise concerns about your recruitment processes and your overall suitability as a licensed sponsor, and Home Office will investigate.

If it turns out that it was because of poor administration, or deception on the part of the students, The Home Office may downgrade your licence to a B rating, and put in place an action plan to stop further abuse. If they find that you are aware of the abuse, The Home Office will suspend your licence immediately and possibly withdraw it if their investigation proves this.

Tier 5 - creative and sporting worker

If you sponsor creative workers in dance, theatre, film and television, you must follow the appropriate codes of practice produced by the sector, and agreed by The Home Office, when considering the needs of the resident labour market in those fields.

The certificates of sponsorship can include any rehearsal periods required. You must make sure that you assign certificates of sponsorship only for the time needed.  They will take appropriate action against you, if they find on a compliance visit that a certificate has been assigned wrongly.

You may choose to assign a multiple entry certificate of sponsorship if there are engagements abroad.

You may also assign a group certificate of sponsorship where it is appropriate to do so.