Home Office Compliance Visits & UKVI Compliance

Section A: What is UKVI Compliance?

UK Visas and Immigration (UKVI) is the division of the Home Office responsible for managing the UK’s visa system, sponsor licensing and immigration compliance enforcement. A UKVI compliance inspection can be a cause of real concern for employers. The Home Office has powers to investigate organisations to ensure they are meeting their obligations under the prevention of illegal working regime and if they are licensed sponsors, to ensure they are meeting their sponsor licence compliance duties.

While immigration compliance may not be high on the agenda among the daily challenges of running an organisation, it is often business-critical to pass a Home Office inspection or audit. Allegations of illegal working or non-compliance with immigration obligations leave employers open to substantial fines, loss of their sponsor licence and workers’ visas being curtailed.

UK Visas & Immigration (UKVI) monitors sponsors through two main compliance tools: site inspections and desktop audits. Together, they allow the Home Office to verify, in real time or remotely, that employers are upholding their legal duties and that sponsored roles and workers meet the immigration rules.

On‑site visits, or site inspections, refer to when a UKVI compliance officer attends the organisation’s premises, usually by prior appointment but sometimes without notice where intelligence indicates possible breaches. During the visit the officer can examine HR files, right to work evidence and sponsorship records, and may interview HR personnel, line managers and sponsored workers to test the accuracy of the information held.

With a desktop  audit, instead of attending in person, UKVI emails a detailed evidence list and requires the sponsor to upload documents, often within five to ten working days. Officers then review the material remotely and may follow up with calls or further document requests. Failure to respond on time is treated as non‑co‑operation.

1. Types of UKVI compliance checks

UKVI deploys inspections in many different circumstances.

On relation to pre‑licence assessments, inspections are used to decide a new sponsor licence application or an application under the priority service, UKVI checks that the prospective sponsor already has robust HR systems capable of monitoring migrant workers.

At any point during the life of a licence, UKVI may audit the sponsor under a post-licence assessment, either randomly, because routine reporting has been poor, or because external intelligence suggests illegal working.

If the Home Office receives allegations or detects anomalies (for example, late SMS reports or unexplained changes in a worker’s status), it may launch an unannounced site inspection to confirm or disprove the information.

Inspections are designed to uphold two sponsorship principles:

• Employers who benefit from migration must prevent abuse of the immigration system.
• Only genuine, eligible migrants should fill sponsored roles for reputable employers.

As part of an inspection, officers may request any personnel or right to work records, inspect recruitment practices, and question staff to test understanding of compliance duties. Sponsors must cooperate; refusal or delay can itself lead to enforcement action.

Findings feed directly into licence decisions. Satisfactory results mean the licence is granted or maintained; serious breaches can trigger licence downgrading, suspension or revocation, civil penalties for illegal working and, after desk‑based audits, the same sanctions if documents are late, incomplete or inaccurate.

2. UKVI digital desk-based compliance audits

The Home Office is increasingly using remote, desktop compliance audits to carry out remote checks on employers, to verify if they are meeting their legal obligations. Instead of an on-site visit, UKVI requests documentation and evidence electronically, allowing them to review an employer’s compliance without attending the business premises. These digital audits can take place at any time, such as during a licence or CoS application or if concerns arise about an employer’s compliance with their sponsorship duties.

UKVI’s ‘desk‑based compliance audit’ gives sponsors five to ten working days to upload the evidence list. Missing the deadline is treated as non‑co‑operation and can in itself trigger suspension of the sponsor licence.

One of the main risks of a desktop audit is that errors or missing records may not be easily explained in person. Employers should conduct regular internal audits to ensure their HR and record-keeping processes are up to date and in line with UKVI requirements. Keeping digital records organised and easily accessible can help demonstrate compliance quickly when required. A proactive approach to maintaining accurate records and understanding Home Office expectations will reduce the risk of non-compliance and ensure continued ability to sponsor workers.

3. Home Office compliance visits

There are a number of ways in which the Home Office can undertake checks on a sponsoring organisation, both before and after the grant of a sponsor licence, including digital documentation checks, as well as checks with other agencies and government bodies. However, a Home Office compliance visit will be in-person and on-site. The visit can also be unannounced, where this will allow the UKVI compliance officer to see the sponsor in their normal working environment, rather than allowing the possibility that the sponsor may have altered this environment for the purposes of an anticipated assessment.

During a visit, the UKVI compliance officer will want to speak with the key personnel nominated on the licence application or appointed to one of the relevant roles. In particular, they will want to speak with the Authorising Officer who is responsible for the overall sponsorship process, as well as the Key Contact, who is there to act as the main point of contact between the sponsor and UKVI. However, provided the owner, a director or anyone involved in the running of the sponsor’s organisation is in attendance, even if the key personnel are not available, the Home Office compliance visit may still go ahead.

As a matter of course, the UKVI compliance officer will want to see evidence of recruitment practices and HR systems for prospective sponsors. For existing sponsors, they will want to make checks on record-keeping and reporting systems, reviewing a minimum number of personnel files, including right to work check records, and interviewing a minimum number of sponsored workers. Additional information is also likely to be requested, depending on the category of workers that an organisation is looking, or licensed, to sponsor.

In some cases, such as where key personnel are not in attendance during an unannounced visit, the compliance officer may want to re-visit. Alternatively, they can contact these individuals by telephone, email or post after the visit to request additional information.

However, following a visit, so long as no further enquiries are deemed necessary by the UKVI compliance officer, a visit report will be prepared, recording the findings made by that officer. At this stage, if the officer is not satisfied with the employer’s performance during the Home Office compliance visit, this can have serious and costly consequences.

Section B: Home Office Compliance Visit Triggers

Home Office compliance visits form an important part of immigration compliance and enforcement in the UK.

Employers are required by law to ensure that all of its employees are eligible to work and carry out the role they are employed to do, while sponsors are under additional compliance duties. As such, understanding what is required as a sponsor during these visits is key to obtaining and retaining a licence.

A pre licence check may be conducted prior to the grant of a sponsor licence as part of the licence application process, while a post licence check may be conducted after the grant of a licence as part of managing and overseeing the sponsorship process. However, Home Office compliance visits are not a foregone conclusion, but rather are generally triggered by issues raised, either during the sponsor licence application or sponsorship process. 

In the context of pre licence assessment visits, an on-site check may be triggered where the UKVI caseworker tasked with deciding the sponsor licence application has concerns over the ability of the applicant organisation in meeting their sponsor duties. It could also be where verification is needed as to the accuracy of information given on the application.

In the context of post licence compliance visits, an on-site check could follow a failure to comply with the rules, such as where the sponsor has been late in reporting a change in a sponsored worker’s circumstances using the online sponsorship management system (SMS). It could also be in response to intelligence about the organisation from another government agency or an anonymous outside source, where a check is needed to ensure that the sponsor is complying with their obligations to prevent illegal working.

1. Pre-licence application inspections

When applying for a sponsor licence, there are various general requirements that must be met to satisfy the UKVI caseworker deciding the application that the applicant organisation is suitable to sponsor foreign national workers. There are also various route-specific requirements, although much will depend on the category of worker the employer is looking to recruit.

In broad terms, to be eligible for a sponsor licence, the applicant organisation must be able to satisfy UKVI that it is a genuine business operating lawfully in the UK, and that it is both trustworthy and capable of carrying out its sponsorship duties. In this respect, UKVI will carefully consider the applicant’s history and background, including those responsible for running the business and the key personnel named on the licence application. This will include evidence of any criminal convictions or non-compliance with immigration laws, or any other evidence to suggest that these people are not honest, dependable and reliable.

The applicant organisation must also be able to satisfy UKVI that it is capable of discharging its duties as a sponsor, with reference to its existing recruitment practices and HR systems. In short, UKVI must be satisfied that the prospective sponsor will be able to adequately monitor its sponsored workforce, comply with its reporting and record-keeping obligations as a licensed sponsor, and will not pose any threat to immigration control in the UK.

In addition to the general requirements to be approved for a sponsor licence, the applicant organisation must be able to meet the requirements of the relevant route on which it is applying to be a sponsor. This includes being able to offer genuine employment for any route-specific role in the UK, in some cases meeting minimum skill and salary requirements.

2. Post-licence compliance

After a sponsor licence has been granted, there are various obligations that a licensed sponsor must meet so as to maintain their licence and not fall foul of the law, including: 

• Monitoring duties: all sponsors must monitor the immigration status of the workers they sponsor so as to prevent illegal working, and withdraw sponsorship for those whose permission to be in the UK has expired. They must also only assign Certificates of Sponsorship (CoS) to those appropriately qualified and experienced to do the job on offer.

• Record-keeping duties: all sponsor must retain documents relating to each sponsored worker assigned a CoS, together with their up-to-date contact details. This includes a record of prescribed right to work checks prior to employment, and any follow-up checks, ensuring that all sponsored workers have the right to work in the UK and to do the work in question.

• Reporting duties: all sponsors must report any changes to the circumstances of any sponsored workers using the SMS, including non-attendance, disappearance or non-compliance with their conditions of leave. They must also report relevant changes to the sponsoring organisation, such as a change of address or a change in structure.

3. Right to work compliance

The Prevention of Illegal Working regime in the United Kingdom places substantial obligations on employers to prevent the hiring of individuals who do not have the legal right to work in the country.

Employers are required to conduct right to work checks before hiring any individual to ensure they have the necessary immigration status to work in the UK. The process involves scrutinising and retaining specific documents as evidence of an individual’s right to work, as outlined in the Home Office’s guidelines. Right to work checks can be conducted using share codes, digital checks, manual document checks or in some circumstances, using the Employer Checking Service (ECS).

Failure to carry out these checks in the prescribed manner can result in severe penalties, including fines or imprisonment. Under the current rules, non-compliance under the right to work regime can result in a civil penalty fine of up to £45,000 per worker for a first breach and up to £60,000 for any subsequent breach. Employers have 28 days from receipt of a civil penalty notice to object or pay.

The checks must be consistent for all employees, regardless of their nationality or appearance, to prevent discrimination. Continuous monitoring of an employee’s right to work is also essential in the case of employees with time-limited permissions.

The obligations extend to a responsibility to maintain meticulous records of the checks conducted. These records must show that the employer has conducted the check correctly, including the date of the check, details of the documents reviewed, and any follow-up checks required. These records should be securely stored and maintained for the duration of the individual’s employment and for at least two years after the employment ends.

During an inspection, you may be asked to show evidence that you are conducting right to work checks and are keeping the required records.

Section C: UKVI Inspection Outcomes

A Home Office compliance inspection is not an academic exercise. The findings feed directly into decisions about whether an organisation can hold or continue to hold a sponsor licence. The outcomes vary depending on whether the inspection is carried out before a licence is granted or during the life of an existing licence. In both cases, the results can have serious consequences for recruitment plans, workforce stability and financial exposure.

1. Pre-licence inspection outcomes

Where the inspection is part of a pre-licence assessment, the outcome is binary. If UKVI is satisfied that the organisation is genuine, lawfully operating and has HR systems capable of meeting sponsor duties, the licence will be granted. If not, the application will be refused, and the application fee will be lost. Refusal can follow findings such as poor HR record-keeping, unconvincing evidence of genuine vacancies or concerns about the integrity of key personnel.

A refusal often carries a cooling-off period, meaning the employer cannot reapply for a licence until the end of that ban. This not only delays recruitment but can also damage credibility with the Home Office when a new application is eventually made. Note also that an application made during a live cooling-off period will be refused.

2. Post-licence inspection outcomes

For organisations that already hold a sponsor licence, the spectrum of outcomes is broader. At the least severe end, a sponsor may pass inspection with no issues, and their A-rating remains in place. If minor issues are identified, UKVI may issue an advisory letter or recommendations, expecting these to be addressed internally without further action. This is an opportunity to rectify weaknesses without formal sanction, but repeated minor failings will not be tolerated indefinitely.

Where inspectors find more material breaches, the sponsor may be downgraded to a B-rating and required to follow a Home Office action plan. The plan sets out the remedial measures needed to restore compliance, and the sponsor must pay a £1,579 fee. While B-rated, the sponsor cannot assign Certificates of Sponsorship to new workers, effectively freezing recruitment until UKVI is satisfied that compliance has been restored and the licence can be upgraded back to an A-rating. The resource impact of this stage is significant, as internal processes need to be overhauled under close Home Office scrutiny.

More serious breaches can result in immediate suspension of the licence. In this scenario, the sponsor is given the chance to submit written representations and supporting evidence to challenge or explain the alleged failings. During suspension, the organisation remains unable to sponsor new workers, and its existing sponsored workforce may become unsettled if they fear for their immigration status. Failure to persuade UKVI at this stage can result in full revocation.

Revocation is the most severe outcome. It is reserved for cases where there is evidence of significant or systemic failings, or where the sponsor is considered to pose a serious threat to immigration control. Once revoked, the licence is cancelled, all sponsored workers will have their visas curtailed, and the employer is barred from sponsoring new workers for a defined cooling-off period. Revocation carries both reputational and operational damage, as affected employees may be forced to leave their roles and employers lose the ability to access overseas talent.

3. Illegal working and civil penalties

It is important to distinguish between sponsor licence compliance outcomes and wider right to work obligations that apply to every UK employer. Even businesses without a sponsor licence can be inspected under the prevention of illegal working regime. If UKVI finds individuals employed without the legal right to work, the employer may face a civil penalty of up to £45,000 per worker for a first breach and £60,000 for repeat breaches. Employers have 28 days from the date of the notice to object or pay. Where it is established that an employer knowingly employed someone without permission, criminal prosecution is possible. For licensed sponsors, such findings can also trigger suspension or revocation of the licence.

To avoid liability, employers must be able to show they conducted right to work checks in the prescribed manner. This statutory excuse is only available if the employer has retained evidence of compliant checks. In practice, during a compliance inspection UKVI will test whether these records are complete and up to date. Gaps or inconsistencies in right to work files are treated as evidence of systemic weaknesses, even where there is no intent to employ illegal workers. This is why diligent record-keeping and regular internal audits are indispensable safeguards.

4. Escalation of outcomes

When considered together, the outcomes of a UKVI inspection form a clear escalation ladder, from satisfactory compliance through to full licence revocation or civil penalties. Sponsors should appreciate that even at the lower end of the spectrum, such as a B-rating and action plan, the disruption to business operations is significant. At the higher end, suspension or revocation can disrupt recruitment strategies and jeopardise the existing workforce. The lesson for employers is that inspection outcomes are not simply regulatory markers but have direct commercial and reputational consequences.

Section D: How to Pass a Home Office Inspection

Immigration compliance should be an everyday concern for employers, regardless of whether you employ foreign national workers. All UK employers must verify every employee’s right to work before they start employment, including British and Irish citizens. If an individual has a time-limited right to work, you must ensure you perform follow-up checks to confirm their continued eligibility to be employed.

The Home Office also expects personnel records to be maintained and kept up to date, and ready for inspection at any one time.

Following these six steps will help your organisation take a proactive approach to immigration compliance, so that in the event of an inspection, you are ‘match-fit’.

Step 1: Check your HR policies & procedures

You should have specific HR policies relating to sponsored worker recruitment, management and record-keeping. Policies should provide guidelines, standards and processes to ensure your operations are consistent and compliant.

While your operations may be correct and compliant, it is hugely helpful for a Home Office inspection to have it all official and written down.

Ensure specific areas of compliance risk are covered. For example, what is your process for foreign nationals with time-limited permission to work in the UK? Failure to carry out such follow-up right to work checks risks allegations of illegal working.

You should also be able to show the policies are accessible and understood by your organisation. For example, as part of your onboarding process, you could ensure all sponsored workers sign a document confirming they understand their duty to inform on reportable events.

Remember also that your policies will need updating as and when Home Office policy and legislation changes; these updated documents will need communicating to the organisation.

Step 2: Train your staff

Appropriate training of relevant staff involved in your organisation’s immigration compliance processes is essential. This will go beyond the HR function, and should include anyone involved in recruiting, onboarding and managing sponsored workers across the organisation.

For example, as part of your pre-employment checks, you are expected to take reasonable steps to ensure the identity documents submitted are genuine and that the person presenting for work is the same person the documentation relates to. All personnel involved in this onboarding process should be trained to perform these checks correctly.

Also ensure staff are familiar with the Home Office Employer Checking Service (ECA) for pending applications or lost documents.

Employers will want to avoid a scenario where the central HR function operates with best practice processes, while other branches or sites fall short of the required standards. For example, if a site manager recruits for a sponsored role without meeting the relevant salary requirements, or without following compliant document checks, the organisation risks enforcement action, even if the organisation has compliant policies and procedures in place.

Another common area of risk is sponsored workers’ working hours and locations. Sponsored workers have to stay within the working time parameters of what is permissible under the organisation’s licence, and sponsored workers’ place of work must adhere to the locations recorded on the SMS. Line managers and supervisors must be aware of, and comply with, these restrictions.

Ongoing and effective training will demonstrate your commitment to developing compliance knowledge and skills across your organisation in the event of any compliance issues.

Step 3: Mind the gaps!

It’s not uncommon to see differences in working practices within one organisation, particularly between head office and individual care homes. But if those responsible for hiring at a local level are exercising discretion in respect of immigration compliance, or are not performing Right to Work checks correctly or at all, the business as a whole will be put at risk of enforcement action.

Likewise, human error isn’t an excuse for non-compliance. Be clear on roles and responsibilities in your organisation, particularly in relation to key personnel, and formalise these details. This will ensure there are no gaps in duties and the tasks to be carried out, and should address scenarios such as planned and unplanned absence cover.

Also remember that if one of your key personnel leaves the organisation, or is on a period of extended leave, they will need to be replaced and the SMS updated accordingly.

Step 4: Use mock audits

Practice makes perfect! Internal audits for immigration compliance are extremely worthwhile exercises. Cover the same areas as an official Home Office inspection would: check policies, review records and carry out mock interviews with the staff most likely to be interviewed by the Home Office. You want to identify and address potential areas of non-compliance and risk.

We are frequently asked to carry out immigration audits to help identify areas for improvement, and provide coaching for interviewees to make the process less daunting.

It’s also helpful for management to regularly conduct informal document spot-checks across its network.

Step 5: Keep everything

The Home Office is looking for evidence of a sustained approach and consistent standards when managing sponsor licence documentation. Also ensure your record-keeping extends to the full degree of the requirements.

Inconsistent quality of personnel records can expose the organisation to allegations of non-compliance. The Home Office inspection is centred heavily on documentation and evidence. Demonstrate your willingness and efforts to comply by keeping records, particularly of any related training and internal audits.

If the Home Office does find an error, but they can see you are trying to comply with your obligations, this could help protect you from enforcement action.

Your HR processes must also ensure retention of leavers’ documents for up to two years after they have left your business. The Home Office has the right to request employee documentation for up to two years after the employee has left your employment. We often see instances where personnel records have been deleted or destroyed before this date. This is not accepted practice and would be regarded as a breach of your right to work duties.

Step 6: Be proactive

A Home Office inspection can happen at any time – at short notice or even unannounced. If you approach immigration compliance as integral to your everyday activity, and not just something to aim for in the run up to an audit or licence application, it will take the pressure off should the Home Office come calling.

As a licensed sponsor, updating your SMS is a mandatory requirement. This includes notifying of changes of circumstances such as salary, work‑location or role changes, and leavers or switchers. Managing your SMS should be a daily concern. The Home Office expects your SMS information to be a snapshot of your business at any one time, meaning it has to be accurate and kept up to date.

Step 7: On the day

The sponsor guidance makes it clear to sponsors that they must allow UKVI compliance officers access to any of their premises or sites under their control, and to do so on demand. If a sponsor refuses to allow the attending officer access on demand, the sponsor will be recorded as being non-cooperative and non-compliant where this, of itself, can result in a licence being refused or revoked.

Those responsible for dealing with the UKVI compliance officer must also cooperate at all times during a Home Office compliance visit. If the key personnel are unavailable when an unannounced visit is taking place, these individuals should be contacted and asked to attend, where at all possible, as they will be best placed to answer any questions.

The official guidance for sponsors advises employers that they must act honestly in any dealings with the Home Office, including during any compliance visit. Trying to conceal any issues by being dishonest, or providing false information or failing to disclose relevant information, will amount to a breach of their sponsorship obligations. The most likely outcome following a finding of dishonesty is suspension and even outright revocation of the sponsor licence, whereas less serious non-compliance, including any matter which the employer was seeking to conceal, may result in less serious consequences.

Section E: Summary

Home Office compliance visits and UKVI audits are not administrative formalities but decisive moments that can shape the future of a business’s immigration capability. Whether the inspection is announced or unannounced, on-site or desk-based, the findings feed directly into licensing outcomes and can lead to downgrading, suspension or even revocation. The financial impact is also significant, with action plan fees, loss of recruitment capacity and the risk of civil penalties running into tens of thousands of pounds for illegal working.

Employers who rely on sponsored workers must treat compliance as a standing priority rather than an occasional exercise before an application. The Home Office increasingly expects HR systems and right to work processes to demonstrate not just technical accuracy but a culture of accountability that extends across all sites and staff involved in recruitment and workforce management. Weaknesses at branch level or inconsistent record-keeping are treated as systemic failings, regardless of the quality of central HR policies.

Preparation is therefore a continual process. Routine internal audits, comprehensive staff training and the maintenance of clear, accessible policies all contribute to showing UKVI that the sponsor takes its obligations seriously. Sponsors should also anticipate the practical reality that inspections are more frequent in higher-risk sectors, such as care and hospitality, and that unannounced visits are increasingly used where intelligence suggests non-compliance.

Employers who approach compliance as integral to their business operations will be best placed to withstand scrutiny, protect their sponsor licence and continue accessing the global talent pool on which so many UK industries depend.

Section F: Need Assistance?

DavidsonMorris are UK business immigration specialists, with extensive experience in immigration compliance. We work with UK employers across all sectors, including health & social care providers, local authorities, retailers, hoteliers and professional sports clubs, providing tailored compliance support services. This can include access to our online right to work training for staff involved in recruitment, onboarding and line management; mock audits to identify and address potential compliance breaches; review of documentation, policies and procedures; specialist training for SMS Level 1 and 2 users; and support with ongoing sponsor licence management.

For expert advice on preparing for a Home Office inspection, or any aspects of immigration compliance, including training, auditing and sponsor licence management, contact us.

Section G: UKVI Compliance Visits FAQs

What is a Home Office compliance visit?

A Home Office compliance visit is an inspection carried out by UKVI compliance officers to assess whether a sponsor licence holder is meeting their compliance duties. These visits can be announced or unannounced and may occur before or after a sponsor licence is granted.

Why does UKVI carry out compliance visits?

UKVI conducts compliance visits to ensure that employers are adhering to sponsorship duties, maintaining accurate records, completing right to work checks correctly and employing foreign national workers in accordance with immigration rules. The aim is to prevent illegal working and misuse of the sponsorship system.

What happens during a compliance visit?

During a visit, UKVI officials will check employee records, interview sponsored workers and key personnel, inspect HR systems and review right to work documentation. They may also assess whether the business is genuine and capable of fulfilling sponsorship responsibilities.

Can UKVI conduct unannounced visits?

UKVI has the authority to conduct unannounced compliance visits at any time. These typically occur when there are concerns about non-compliance, previous compliance issues or intelligence suggesting that an employer is not fulfilling their sponsorship duties.

What are the consequences of failing a compliance visit?

Failing a compliance visit can lead to penalties such as a downgrade to a B-rating, suspension, or even revocation of the sponsor licence. This could affect the ability to hire or retain sponsored workers and may also lead to financial penalties or legal action.

How can employers prepare for a UKVI compliance visit?

Employers should ensure that HR records are up to date, right to work checks are completed correctly, reporting duties are fulfilled promptly and that key personnel understand their compliance obligations. Regular internal audits can help identify and resolve potential issues before a UKVI inspection.

Can an employer challenge the outcome of a compliance visit?

If a sponsor licence is suspended or revoked following a compliance visit, an employer may have the opportunity to submit representations or apply for a judicial review, depending on the circumstances. Seeking legal advice promptly is recommended.

How often do compliance visits take place?

There is no set schedule for compliance visits. They can take place before a sponsor licence is granted, at any point during the licence period. UKVI may also conduct additional visits if concerns arise.

Do compliance visits apply to all sponsors?

All organisations holding a sponsor licence, regardless of size or industry, can be subject to compliance visits. This includes employers sponsoring Skilled Workers, Temporary Workers and other sponsored categories under UK immigration rules.

What should an employer do if UKVI finds non-compliance?

If non-compliance is identified, employers should take immediate action to correct any issues. This may involve implementing better record-keeping processes, improving HR procedures or conducting additional training for key personnel. In some cases, sponsors may need to submit an action plan to UKVI.

Section H: Glossary

Section I: Additional Resources and Links