Immigration Audits

IMMIGRATION AUDITS OF SWISS COMPANIES IN THE UK

As a sponsor licence holder, you will undergo an inspection by the Home Office during your licence's validity period. This inspection ensures the accuracy of the information provided in your sponsor licence application and verifies your compliance with the responsibilities of a licensed sponsor.

Pre-Licence Application Checks

UK Visas and Immigration (UKVI) may also visit your business premises to perform checks before deciding on your sponsor licence application. Our immigration lawyers, with their expertise in Home Office compliance requirements, can conduct a thorough immigration audit of your business to prepare you for any Home Office inspection.

During a Home Office Compliance Visit

When UKVI compliance officers visit your business premises, they will assess the following:

Accuracy of Information: Ensuring all information provided to UKVI is accurate and complete.
Employment at Tier 2 Skill Level: Verifying that you can offer employment at the required skill level.
Legitimate Operation: Confirming that your business is genuine, trading, or operating lawfully in the UK.
Immigration Control: Checking that you do not pose a threat to immigration control.
Sponsor Duties Compliance: Ensuring you are adhering to all sponsorship duties.

The compliance officer will review your record-keeping, reporting, and immigration status monitoring processes and documentation to ensure ongoing compliance. However, they may not provide immediate feedback on your compliance status during the visit.

Additional Information on Sponsor Compliance Visits

Random Checks: The Home Office may conduct random, announced or unannounced visits.
Third-Party Cooperation: If your migrant workers are employed at a third party’s office, ensure the third party is aware of potential unplanned visits and cooperates fully.
Application Discrepancies: If issues are found before your licence decision, the application may be refused. Post-decision discrepancies could lead to licence revocation, suspension, or downgrading, affecting sponsored employees.

Sponsor ratings are publicly listed on the Home Office website, and a downgrade can cause negative publicity and reputational damage. Attempted deception in your sponsor licence application can lead to prosecution.

Mock Immigration Audit Services

Our immigration lawyers leverage their experience with Home Office compliance to conduct mock immigration audits, ensuring your business is well-prepared for an official inspection.

During our mock immigration audit, a specialist business immigration lawyers will:

Verify Application Information: Confirm the accuracy of the information provided in your sponsor licence application.
Check Document Management: Review your document management and record-keeping systems to ensure compliance with sponsor duties.
Review Personnel Files: Examine the personnel files of sponsored migrants to identify deficiencies and areas for improvement.
Prepare Staff: Interview employees involved in the recruitment of migrant workers to prepare them for potential Home Office questions.
Speak with Migrant Workers: Ensure migrant workers understand the terms and conditions of their UK visas.
Conduct Worker Checks: Verify compliance with obligations to prevent illegal working.

After the audit, you will receive a comprehensive written report highlighting risk areas and providing expert recommendations for improvement. If needed, we can also conduct a follow-up audit to assess the implementation of recommended changes.

How Our UK Immigration Lawyers In Switzerland Can Help

For more information or to schedule a mock immigration audit, contact our business immigration team.

WE CAN ALSO ASSIST WITH

Sponsor Licence Applications for Swiss Companies in the UK

If you are an employer seeking to employ an overseas national who is not a settled worker and who does not otherwise have immigration permission to work for you in the UK, you will need to submit a Sponsor Licence Application to UK Visas and Immigration.

Whether you require advice on the correct company-related documentation to provide in support of a sponsor licence application or assistance with drafting a compelling business case that will satisfy UKVI that you need a sponsor licence in order to fill a genuine role, our immigration barristers can manage the sponsor licence application process on your behalf.

Sponsor Licence Suspensions and Revocations for Swiss Businesses in the UK

If UKVI believe that you are breaching your duties and pose a threat to immigration control, your sponsor licence may be suspended. If you are subject to a Sponsor Licence Suspension, you will not be able to sponsor new migrants, but your current sponsored migrants will be unaffected. UKVI may then reinstate your licence, downgrade it or revoke it.

If you are failing to meet your sponsor duties in a serious way or stop operating in the UK, your licence will be revoked. If you are subject to a Sponsor Licence Revocation, any migrants that you sponsor will have their leave curtailed. They will be given 60 calendar days to find alternative sponsorship or leave the UK.

Our immigration barristers work with sponsors to secure reinstatement of their sponsor licences, ensuring that a robust case is presented to UKVI addressing any issues raised in suspension letters. If a decision has been taken to revoke a sponsor licence, our immigration barristers can advise on the merits of applying for Judicial Review of the revocation decision and, where appropriate, provide representation in Judicial Review proceedings.

Sponsor Licence Refusals for Swiss Employers in the UK

There is no right of appeal against the refusal of an application for a sponsor licence.

If the Sponsor Licence Refusal decision was the result of either a caseworker error or the result of supporting evidence sent as part of your application not being considered by UKVI then our immigration barristers can assist you to request that the error be corrected and, if appropriate, submit a new online sponsor licence application.

If the decision to refuse your sponsor licence application was unlawful, unreasonable or procedurally improper, our immigration barristers can apply for Judicial Review and provide representation at Judicial Review hearings.

We also assist employers to prepare fresh applications for sponsor licences following previous refusal decisions.