Reporting Changes of Circumstances as a Skilled Worker Licence Holder

At Freeths, our immigration team understand that businesses holding a sponsor licence must comply with various sponsor duties, including the duty to report changes of circumstances. This responsibility is crucial to ensure that your business remains in good standing with the Home Office.

Why is Reporting Changes of Circumstances Important?

The Home Office requires sponsor licence holders to report any significant changes that might affect the sponsorship, eligibility, or compliance of the business or their sponsored workers. Failing to report changes of circumstances can have serious consequences for your sponsor licence and your sponsored workers. You may face compliance action from the Home Office, such as:

• A suspension or revocation of your sponsor licence
• A reduction or removal of your certificate of sponsorship (CoS) allocation
• A civil penalty or criminal prosecution
• A downgrade of your sponsor rating

Therefore, it is essential that you keep your sponsor licence up to date and comply with your reporting duties.

Key Points to Consider When Reporting Changes:

Types of Changes: A wide range of circumstances must be reported, including changes in your organisation's structure, personnel, contact details, and financial status. Some common examples include:

• Any changes to your employee’s working circumstances.
• Changes in ownership or control of the business.
• Changes in the organisation's structure.
• Relocation of your business premises.
• Changes in the key personnel involved in the sponsorship.
• Changes in the allocation of Certificates of Sponsorship (CoS).
• Mergers and acquisitions involving your company.

Timeliness: Reporting changes in a timely manner is critical. The Home Office typically requires these changes to be reported within 10 or 20 working days from the date the change occurred. As a rule of thumb, if the change is in relation to the worker, then the time limit is 10 working days whereas if the change is in relation to the structure of the business, then the time limit is 20 working days. The business immigration team can advise fully on each case.

Accessing the Sponsor Management System (SMS): You can report changes through the Sponsor Management System, which is the online portal provided by the Home Office for sponsor licence holders. It's essential to keep your SMS account up to date and designate responsible employees for managing it.

Documents and Evidence: Ensure you gather all necessary documents and evidence to support the reported changes. This might include updated financial records, contracts, proof of a right to occupy premises, or any other relevant documentation.

Impact on Sponsored Workers: Understand how the changes may affect your sponsored workers. For instance, if your organisation undergoes a change of ownership, sponsored employees may need to be assigned a new Certificate of Sponsorship and apply for a new visa to be sponsored by the new entity.

Compliance and Legal Advice: It's advisable to seek professional guidance to ensure you are compliant with your sponsor duties. Freeths LLP can offer expert legal advice and assistance to navigate these complex immigration matters.

How Freeths Can Help:

As your partners in immigration, Freeths can provide invaluable support in reporting changes of circumstances for your Sponsor Licence. Our services include:

• Expert legal advice on the specific changes your business needs to report.
• Assistance in gathering necessary documents and evidence.
• Filing the required reports through the Sponsor Management System.
• Ongoing guidance and compliance monitoring to ensure your sponsor licence remains in good standing.

We understand that reporting changes of circumstances can be a complex and time-consuming process, especially if you have multiple sponsored workers or frequent and significant changes in your organisation. That is why we offer a comprehensive and tailored service that meets your specific needs and circumstances.

With Freeths by your side, you can focus on running your business while we handle the intricate details of immigration compliance.