It is easy to focus only on the employment-related aspects of industrial action, but what about the immigration issues? This article sets out what and when sponsors need to report if sponsored workers are engaging in industrial action. As a general update, we have also flagged the new requirement for sponsors to add their company registration numbers and the national insurance numbers of all key personnel on the Sponsor Management System.
UK immigration: Sponsor update and industrial action – when and what do sponsors need to report?
Sponsor licence reporting obligations
Depending on the circumstances, employers who sponsor migrants under a sponsor licence may be under certain reporting obligations if sponsored workers engage in industrial action. If there is an obligation to report, a Level 1 User on the sponsor's Sponsor Management System (SMS) must make the report no later than 10 working days after the relevant change or event. Once a report is made, the Home Office will consider whether further action is required.
Sponsors required to provide further information on the SMS
From 8 October 2023, the Home Office has required sponsors to include the following information on the SMS:
- the national insurance numbers of the Authorising Officer and Key Contact; and
- the sponsor's Companies House reference number.
The Home Office has advised sponsors to update this information at their "earliest convenience". Sponsors will be required to include the national insurance numbers of their Authorising Officer and Key Contact when they are replaced and for new Level 1 Users when they are added. These updates should be applied immediately.
The Addleshaw Goddard Immigration team is a nationally recognised team which is regularly asked to support clients with the full spectrum of their immigration needs. We can provide refresher training, help with the prevention of illegal working and support with right to work queries, undertake mock audits, and assist clients with getting ready for any anticipated Home Office compliance visits.
If you would like to discuss anything raised in this article, feel free to contact one of the authors.
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