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Think the Home Office Will Understand Your Lack of Hours

Written by Alex De Guzman | Nov 18, 2024 11:35:58 AM

Think the Home Office Will Understand Your Lack of Hours?

They Don’t—and It Could Cost You Your Sponsor License

 

Managing a care business is challenging, especially when client needs fluctuate, leading to reduced hours for your sponsored workers. You might assume the Home Office will understand these unavoidable changes. However, their primary role is to ensure strict compliance, and they are actively identifying breaches.

The rules are complex, and even small, innocent mistakes—like a missed notification or a salary adjustment—can lead to big problems. And when the Home Office gets involved, those “minor” oversights can turn into serious consequences: license suspension, legal fines, and even losing your ability to sponsor skilled workers.

Sound overwhelming? You’re not alone. Let’s break it down and look at the most common pitfalls care providers face—and how you can protect your business.

 

 

 

The Common Mistakes That Can Cost You

Let’s talk about one of the biggest issues we see: worker salaries.

Here’s a real example: A care provider adjusted a worker’s hours due to unpredictable shifts. As a result, the worker’s pay fell below the amount stated on their Certificate of Sponsorship (CoS) for five months. It seemed like a harmless adjustment—until the Home Office noticed.

According to Paragraph S4.30 of the Sponsor Guidance, sponsors must report any salary reductions through the Sponsor Management System (SMS) immediately. If that salary drops below the Skilled Worker visa threshold, sponsorship must end. Failing to report this isn’t just an oversight—it’s considered providing false information under Annex C1(r), which can lead to license suspension or revocation.

Unfortunately, this isn’t a one-off situation. It happens more often than you’d think, and it’s completely avoidable.

 

Why Care Providers Are Especially at Risk

Domiciliary care providers face unique challenges. Clients’ needs can change overnight—hospital admissions, reduced hours, or cancellations are all part of the job.

But here’s the catch: the Home Office doesn’t consider these challenges an excuse.

Under Annex C1(aa), reducing a worker’s salary without proper notification is a breach, even if the shortfall is temporary. And the numbers back this up: 37% of sponsor license revocations in the care sector are linked to salary discrepancies.

It’s not just about wages, either. Job descriptions that don’t match, missed reporting deadlines, and incomplete right-to-work checks can all lead to penalties. The bottom line? These small mistakes add up, and the Home Office isn’t forgiving.

 

What Happens If You’re Not Compliant?

Let’s be honest: the consequences of non-compliance are harsh. Here’s what’s at stake:

  • License Suspension or Revocation: If your sponsor license is suspended, your ability to sponsor skilled workers is put on hold. If it’s revoked, you lose that right altogether.
  • Fines and Legal Trouble: Non-compliance with UK immigration laws can lead to hefty fines and even legal proceedings.
  • Workforce Disruption: Without a valid sponsor license, your sponsored workers may have to leave the UK, leaving your clients without care and your team in chaos.

 

 

How to Stay Ahead

The good news? Staying compliant doesn’t have to be stressful. Here’s what you can do:

 

Conduct Regular Compliance Audits

Our Compliance Audit Service helps you identify and fix potential breaches before they escalate. From payroll reviews to preparing your team for audits, we’ve got you covered.

 

Follow Us on LinkedIn

Stay informed with regular updates, tips, and guides tailored for care providers. Follow our LinkedIn page and get actionable insights directly in your feed.

 

Subscribe to Our Mailing List

Let us deliver critical updates and resources straight to your inbox. From audit preparation tips to updates on sponsor guidance, our email campaigns ensure you’re always in the know.

 

 

We’re Here to Help

At IANS Solicitors, we’ve seen it all. We’ve worked with care providers who thought they were doing everything right—only to find out they’d overlooked small details that put their licenses at risk. The good news? We’ve helped them turn it around, and we can do the same for you.

Our Compliance Audit Service is designed to find and fix potential issues before they escalate. From reviewing payroll practices to ensuring your records are audit-ready, we make compliance simple and stress-free.

 

Protect Your Business Today

Don’t wait for the Home Office to find an issue you didn’t even know existed. Take action now to safeguard your license, your workforce, and your business.

 

Visit our Compliance Audit Page to learn how we can help you stay compliant and confident, no matter what challenges come your way.

 

Your license is your lifeline. Let’s protect it together.