UK Sponsor Licence Compliance: A Guide for Swiss Businesses

For Swiss businesses expanding into the UK or employing workers who require sponsorship, understanding UK sponsor licence duties is essential. Among these responsibilities, record-keeping stands out as a critical compliance requirement. The UK Home Office's Appendix D sets out the specific documents that sponsors must retain and the duration for which they must be kept.

This guide provides Swiss employers with key insights into the record-keeping requirements for UK sponsorship, helping ensure compliance and avoid potential penalties.

What Documents Must Swiss Employers Keep for Sponsored Workers in Order to Ensure Sponsor Licence Compliance?

1. Employee Records for Each Sponsored Worker

Swiss businesses holding a UK sponsor licence must retain the following records for each sponsored worker:

• Right to work check: Proof that the worker is legally allowed to work in the UK, completed before employment starts and before visa expiry.

• Entry records: A copy of the worker’s UK visa and proof of entry into the UK.

• National Insurance (NI) number: Required for UK tax and employment purposes.

• Contact details: A history of the worker’s UK address, phone number, and email.

• Disclosure and Barring Service (DBS) check (if applicable).

• Absence records: Documentation of leave and attendance.

• Global Business Mobility routes: Additional documents, such as contracts for Service Supplier or Secondment Worker routes.

• Academic Technology Approval Scheme (ATAS) certificate (if applicable).

• Additional documentation for sponsored children, such as parental consent letters or child performance licences for the Creative Worker route.

  
  

2. Recruitment Evidence

Swiss employers may need to provide evidence of a recruitment process demonstrating the necessity of hiring a migrant worker. While a formal Resident Labour Market Test is not always required, sponsors should keep job advertisements or other proof of a genuine vacancy.

3. Salary and Payment Records

To confirm compliance with salary requirements, Swiss businesses must keep:

• Payslips with the worker’s name, NI number, and tax details.

• Evidence of salary payments, including frequency and amounts.

• Employment contracts and records of any allowances.

  
  

4. Proof of Skill Level

Employers must maintain documents proving the worker meets the required skill level for the job, such as:

• Relevant degree or professional qualifications.

• Job descriptions outlining duties and responsibilities.

• Any professional accreditation or registration required for the role.

  
  

Retention Period for Records

Records must be kept for the duration of sponsorship and for at least one year after sponsorship ends or until the UK Home Office has completed a compliance audit—whichever is sooner. Documents submitted for the initial sponsor licence application must be retained for as long as the business holds the licence.

Certain documents, such as right-to-work records, must be kept longer to comply with UK legislation on preventing illegal working.

Consequences of Non-Compliance

Failure to comply with record-keeping requirements can lead to serious consequences, including:

• Sponsor licence suspension or revocation.

• Fines and civil penalties for illegal working.

• Loss of ability to sponsor new workers, affecting business operations in the UK.

  
  

Swiss employers should prepare for potential Home Office compliance visits, where officials may audit documentation and systems to ensure adherence to sponsor duties. Given the rise in compliance checks, conducting a UK immigration audit can help businesses avoid penalties.

How Richmond Chambers Switzerland Can Assist

Our team of specialist UK business immigration lawyers assists Swiss businesses with sponsor licence applications, compliance audits, and ongoing UK immigration requirements. To discuss your sponsor licence duties, contact us on +41 21 588 07 70 or complete our enquiry form.