Keeping Your Licence Secure in Changing Times
As a care provider, you understand how essential your sponsor licence is. It’s your access to a reliable, skilled workforce, enabling you to deliver high-quality care to those who rely on you. But with ever-increasing scrutiny, the Home Office is tightening its oversight on sponsor licence compliance, sometimes flagging issues that might seem minor or routine.
The stakes are high. In fact, 1 in 5 audited care providers faced licence revocation in the past year. Losing a licence could mean losing staff, clients, and ultimately, the ability to deliver consistent care. For many care providers, the fear of non-compliance looms over daily operations. So how do you protect your licence from these challenges? It starts with knowing the common compliance missteps and how to stay a step ahead of them.
Let’s dive into the critical areas of compliance that could put your licence at risk, and explore how you can strengthen your practices to protect both your business and the people who depend on it.
Key Compliance Risks: Could Any of These Impact Your Licence?
Navigating sponsor licence requirements doesn’t need to be an endless puzzle. Here are the main issues we’ve seen in real-world cases, along with actionable steps you can take to ensure your business is on the right track:
Non-Genuine Job Roles and Inflated Descriptions
Real-Life Example: Prestwick Care Ltd lost their licence when job descriptions on Certificates of Sponsorship (CoS) didn’t match the actual responsibilities of the roles. The Home Office flagged this as a sign of non-genuine vacancies.
Takeaway: Conduct regular internal reviews to ensure job descriptions are accurate and reflect daily responsibilities. It’s one of the best ways to stay aligned with Home Office expectations.
Salary Discrepancies
Real-Life Example: Prestwick Care Ltd and New Hope Care Ltd encountered issues when worker pay didn’t match what was stated on their CoS, with some deductions bringing salaries below minimum wage.
Right-to-Work Check Failures
Real-Life Example: New Hope Care Ltd faced complications when incomplete right-to-work records were discovered, an area the Home Office takes very seriously.
Unapproved Worker Deployment
Real-Life Example: Tendercare Management Ltd faced revocation for deploying workers to unauthorised third parties, violating the sponsor licence conditions.
Ethical Employment Standards
Real-Life Example: Allegations of unethical employment practices led to Support Services 1st Choice Ltd losing their licence.
OUR EXPERIENCE
Common Compliance Breaches Can Be Unintentional
In our experience, nearly all care providers who come to us for help are—knowingly or unknowingly—breaching some aspect of their sponsor licence obligations. Whether it’s due to oversight, lack of awareness, or simply the demands of daily operations, these issues add up. Your sponsor licence provides significant benefits to your business, but managing it also comes with responsibilities that can’t be overlooked.
We’ve helped numerous care providers who lost their licence work towards reinstatement. With a solid compliance plan, comprehensive training, and ongoing support, many have seen not only licence reinstatement but also business growth. In one case, a provider’s revenue increased from £3 million to £8 million within two years of regaining compliance. Compliance isn’t just about avoiding penalties; it’s about unlocking new opportunities and laying a foundation for growth.
CLIENT SUCCESS STORY
Preparing for an Audit with Confidence
One of our clients, a domiciliary care provider in Surrey, received a surprise call from the Home Office informing them of an upcoming audit—with only 10 days to prepare. Although initially concerned, they were relieved to have recently completed a compliance audit with us.
We jumped in immediately, crafting a clear action plan, training their Authorising Officer and sponsored workers, and providing on-site representation during the audit. Post-audit, we assisted with document submissions and follow-ups. The result? A successful audit, and now their Authorising Officer confidently handles sponsor duties with peace of mind.
The Home Office doesn’t make it easy to navigate compliance, but with IANS Solicitors by your side, you’re never alone. We don’t just build your HR processes—we help build your confidence in managing compliance.
Why Regular Compliance Audits Are Essential
The Home Office expects sponsors to self-monitor, actively assess their practices, and maintain rigorous compliance with all sponsor duties. Our compliance audit provides a comprehensive approach to help you meet these expectations effectively.
Our audits thoroughly cover five critical compliance areas:
- Immigration Status Monitoring: We evaluate your methods for tracking immigration status, ensuring no worker’s right to work lapses unnoticed.
- Maintaining Up-to-Date Contact Information: Keeping accurate contact information for each sponsored worker is crucial, and we assess your system for maintaining it effectively.
- Record Keeping & Recruitment: We review your recruitment and HR records, verifying that all required documentation aligns with Sponsor Guidance Appendix D, making sure your files are audit-ready.
- Tracking and Monitoring Sponsored Workers: We assess your methods for tracking worker roles and whereabouts, ensuring that any changes are properly documented and compliant.
- General Sponsor Duties: From reporting changes to managing key personnel, we review your policies and processes to ensure they fully support your compliance obligations.
Our compliance audit also includes a thorough assessment of your HR systems, employment contracts, and internal policies to ensure they are robust and audit-ready. Reviewing a sample of sponsored workers’ files allows us to identify any issues before they become major compliance risks, giving you the support and structure you need to confidently face any Home Office audit.
A detailed compliance audit doesn’t just identify weaknesses—it equips you with a clear, structured plan for maintaining compliance and achieving an A-rating from the Home Office. This level of preparedness can significantly reduce the risk of licence suspension or revocation, giving you peace of mind in your daily operations.
Staying Compliant Doesn’t Have to Be Overwhelming
Whether it’s adjusting job descriptions or verifying payroll details, small steps can make a big difference. Regular compliance audits and targeted training sessions can give you the clarity and confidence needed to face any audit.
If the thought of an audit still feels daunting, you’re not alone. The Home Office’s requirements are complex, but we’re here to help. At every stage, we support care providers, building HR systems and empowering leaders so that your business remains strong and resilient, no matter what comes next.
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