The Sponsor guidance Appendix D: Keeping records for Sponsorship was updated on 06 August 2019. We would like to draw your attention to the following:
Migrant's date of entry into the UK
Employers are now required to keep a copy of the migrant's date of entry to the UK.
- You must check the migrant's date of entry into the UK ensuring they entered during the validity of their visa and therefore have permission to work for you. You can usually check the date of entry by;
a) Looking for an entry stamp in form of a wet ink stamp endorsed by an immigration officer on the migrant's visa unless they are a non-visa national in Tier 5 creative who entered the UK without a visa but there should be a stamp elsewhere in their passport. You MUST make a copy of this stamp.
- Migrants who entered the UK before the 'valid from' date on their visa, have no permission to work for you and should be advised to leave the Common Travel Area (UK, Guernsey, Jersey, Isle of Man and Ireland) and re-enter the UK within the validity of their visa.
- In some circumstances, the migrant may not have an entry stamp e.g. where they hold a valid visa and entered the UK through Ireland or where they are nationals of Australia, Canada, Japan, New Zealand, Singapore, South Korea and the United States of America and have since 20 May 2019 entered the UK with a valid visa through the ePassport gates.
If the migrant does not have an entry stamp in their passport, you MUST still check the date of entry by asking to see other evidence, including, but not limited to, travel tickets or a boarding pass (in paper or electronic form). You MUST then make a record of the date that the migrant entered the UK. Although you do not have to retain evidence of the date, we advise that you retain a copy of this for future reference.
Time Period for which documents must be retained
All documents for sponsored migrants must be kept throughout the period of sponsorship until:
- one year has passed from the date sponsorship ends or
- if this is less than a year after sponsorship has ended, the date on which a compliance officer has examined and approved them
Documentation evidencing an employee's right to work must be kept for the duration of the employee's employment and an additional two years after their employment has ceased.
All documents provided as part of your application to become a licensed sponsor must be kept throughout the duration of your licence.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.