How to Prepare for a UKVI Compliance Visit

What is a UKVI compliance visit?

A compliance visit is a check carried out by UK Visas and Immigration (UKVI) on behalf of the Home Office to see whether your business can meet, or is meeting, its sponsor duties. It checks that your business is genuine and operating lawfully, that the information you provided when you applied is accurate, and that the jobs you offer meet sponsorship requirements. Visits can be announced or unannounced, and UKVI may also carry out digital compliance checks through video interviews. Compliance visits may take place both before a sponsor licence is granted (pre-licence visits) and after it has been granted (post-licence visits).

What triggers a UKVI sponsor compliance visit?

UKVI may conduct sponsor compliance visits for various reasons, including routine monitoring, assessing sponsor licence applications or investigating potential breaches of sponsorship duties. A compliance visit does not necessarily mean that UKVI suspects non-compliance. Common reasons for a visit include:

• Before granting a sponsor licence – to assess whether the organisation is genuine, has suitable HR systems and can fulfil its sponsorship duties
• Routine monitoring – UKVI may select licensed sponsors for routine compliance visits even if there are no known concerns or allegations of non-compliance
• Intelligence received about the organisation – such as reports or allegations of immigration breaches
• The sponsor reaching a trigger point for the number of workers sponsored
• A request from another Home Office unit as part of a joint operation
• A B-rated sponsor requiring reassessment under its action plan, and
• A request for a visit made by the sponsor itself.

What happens during a UKVI compliance visit?

The exact checks during a UKVI sponsor compliance visit depend on the reason for the visit. Officers may examine documents, review your HR systems and interview relevant staff or sponsored workers, where appropriate.

Officers carrying out pre-licence assessment visits will check whether your business is ready to meet its sponsor duties. This includes reviewing your HR systems, whether the number of workers you want to sponsor suits your business, and any concerns about your application or risks to immigration control. For Skilled Worker applications, they also check that you can offer genuine jobs at the required skill and salary levels.

When it comes to post-licence compliance visits, officers check whether you are meeting your sponsor duties in practice. They review your HR systems and worker records, confirm your business is still operating, and check that sponsored jobs meet the relevant requirements, including skill and pay. They also assess whether workers are following their visa conditions, whether your Certificate of Sponsorship allocation remains justified, and whether there are any risks to immigration control.

How to prepare for a UKVI compliance visit?

To prepare for a UKVI compliance visit, we recommend reviewing your understanding of Sponsor Licence compliance duties. This will give you an understanding of what UKVI are looking for. You can also take the following practical steps to ensure your organisation is ready for a potential compliance visit:

• Keep sponsored worker files – ensure the required documents in Appendix D are maintained and readily accessible for each sponsored worker. Depending on the worker’s circumstances, these include:
  • Evidence of each worker’s date of entry to the UK (where required)
  • Contact details and National Insurance number
  • Employment contract or written statement of employment particulars
  • Payslips and evidence of salary payments
  • Job description and relevant qualifications or evidence of skills
  • Attendance and absence records, and
  • Certificate of Sponsorship (CoS) details and records of relevant changes reported to UKVI
• Keep Right-to-work check evidence – check that appropriate right to work checks have been conducted and recorded for all relevant workers, including non-sponsored employees, and that follow-up checks are carried out where required.
• Keep recruitment evidence – review records showing how sponsored workers were recruited and assessed for their roles. Keep any evidence of job advertisements and the selection process. If the role was not advertised, ensure the organisation can explain how the worker was identified and assessed as suitable. 
• Review HR policies and processes – ensure the organisation is meeting its ongoing sponsor duties, including monitoring immigration status, tracking attendance and absences, maintaining contact details and managing SMS reporting.
• Prepare relevant personnel for the visit – Make sure that your key personnel and HR staff can explain the organisation’s sponsorship procedures, and that sponsored workers are prepared to answer questions about their roles and working arrangements.

We recommend that sponsors consider carrying out a compliance audit before a UKVI visit to identify and address potential compliance issues before a UKVI visit.

What happens if UKVI finds compliance breaches? 

UKVI reviews the findings of a compliance visit before deciding whether further action is needed. The outcome depends on the type and seriousness of any breaches identified. If issues are found during a pre-licence visit, your sponsor licence application may be refused. If compliance breaches are identified during a post-licence visit, UKVI may reduce the sponsor’s Certificate of Sponsorship (CoS) allocation, downgrade its licence to a B-rating with an action plan, or suspend or revoke its licence.

If UKVI identifies problems, it is advisable to seek legal advice without delay, particularly if suspension or revocation is being considered. Suspension alone does not normally affect existing workers’ valid immigration permission, but revocation can shorten or cancel it.

References:

GOV.UK: PBS Worker and Temporary Worker: sponsor compliance visits

GOV.UK: Workers and Temporary Workers: guidance for sponsors – Appendix D: record-keeping duties

GOV.UK: Workers and Temporary Workers: guidance for sponsors part 3: sponsor duties and compliance