The situation
A large care provider contacted DavidsonMorris ahead of an announced Home Office sponsor compliance visit. The organisation already used our team for ad hoc legal advice and needed focused support to prepare for the inspection.
Its sponsor licence supported a substantial workforce. Adverse action against the licence could disrupt sponsored employment, restrict recruitment and affect the organisation’s ability to maintain care services.
Management wanted an independent assessment of whether its records and working practices could demonstrate compliance under Home Office scrutiny.
The challenge
Sponsorship responsibilities were spread across HR, recruitment, payroll, operational management and Sponsor Management System users. Each held information relevant to the inspection, creating a need to check how accurately those records reflected the same workers and employment arrangements.
The review required us to follow information between departments. A change recorded by HR, for example, needed to reach the person responsible for assessing any sponsor reporting requirement. Salary, hours and duties needed to be consistent across sponsorship records, employment contracts, payroll and working arrangements.
The inspection date also imposed a fixed deadline. We needed to agree a proportionate scope that would allow higher-risk areas to be examined and any discrepancies investigated within the time available.
Our approach
We worked back from the visit date to plan the preparation exercise, concentrating on the records and processes carrying the greatest compliance exposure.
Our review sampled live sponsored worker files and compared them with the organisation’s HR, payroll and sponsorship evidence. We examined whether the records were complete, internally consistent and supported by the circumstances of the employment.
Where discrepancies emerged, we investigated their cause and considered whether they affected an individual worker or indicated a wider weakness. Our advice addressed the action required, including any correction, reporting issue or further investigation that needed attention before the visit.
We also examined how information moved between teams and how responsibility for sponsorship tasks was allocated. The review considered whether changes known to one department were reaching those responsible for maintaining records and managing sponsor reporting.
Preparation extended to the personnel involved in operating those processes. We worked with relevant staff so they could explain their responsibilities, the checks they carried out and how the organisation managed its sponsored workforce. Discussions drew on the systems they used and the work they performed.
Supporting evidence was organised so the organisation could locate relevant records during the inspection and respond to subsequent requests for information.
Value delivered
The preparation exercise gave the organisation an independently tested view of its compliance position ahead of the visit. Management had greater visibility of the records reviewed, the discrepancies requiring attention and the responsibilities held across different teams.
Relevant personnel were prepared to explain the organisation’s processes, with supporting evidence available for scrutiny. The work also provided a basis for responding to further Home Office questions without having to reconstruct the records under a new deadline.
Home Office compliance visit support
DavidsonMorris helps employers prepare for announced Home Office compliance visits through sponsor record reviews, compliance audits and preparation for the personnel involved. We can also advise on issues arising during an inspection and provide legal support at the visit where required.
Speak to our team about Home Office compliance visit support →
