How to Avoid Sponsor Licence Suspension: Key Compliance Tips for Employers

A proper job description in the Certificate of Sponsorship is one of the essential requirements if a UK employer wants to hire foreign workers. Therefore, an accurate job description will assist in meeting the requirements of the UKVI and avoid the possibility of suspension of a sponsor licence. In this article, we will focus on the necessity of clear job descriptions in CoS UK and explain how to solve it.

Importance of Accurate Job Descriptions

A Certificate of Sponsorship is required for skilled workers in the UK immigration process. The Certificate contains two types of information: some relating to the job and some to the sponsored worker. The accuracy in the description of the job in a CoS UK is essential for the following reasons:

UKVI Requirements: The job description must correlate to the actual duties; otherwise, it will go against the prescribed norms of the UKVI. The sponsor licence suspension or revocation​ may occur in case of inaccurate or misleading information.

Verifying Genuine Vacancy: The job description should portray a genuine vacancy. Evidence for this comes from the Home Office scrutinising CoS UK to ensure that the roles are not created artificially to secure visas for persons not eligible.

Facilitation of Visa Application: The detailed job description makes the visa application process much more manageable. It is, in fact, crystal clear that the job category falls within the requirements of the skill and salary threshold demanded by the visa category.

What Constitutes an Accurate Job Description?

A job description in a CoS UK is accurate when it contains all the following elements:

Job Title and SOC Code: A descriptive job title without acronyms should be given. The SOC code must be selected appropriately to define the job. Certain job descriptions and salary thresholds must be met within every SOC code.

Principal Duties and Responsibilities: These are the primary responsibilities associated with the job. They ensure that the job description matches the role requirements and the worker's qualifications.

Required Qualifications and Skills: Specify the job requirements to show that the sponsored worker will meet both the job and the visa requirements.

Salary and Benefits: Any extra allowances are also added to the gross salary mentioned in sterling. It should reflect the minimum standard of the SOC code; otherwise, it may cause compliance problems in auditing.

Location and Working Hours: Next, indicate the place where the job is and how many hours one is expected to work in a week. Accurate location is very important to ensure that the job remains consistent with the requirements for that visa category.

Best Practices for Creating Accurate Job Descriptions

You must follow these best practices to create accurate job descriptions for the CoS UK.

In-place Recruitment Strategy: The job description in the CoS should match the advertisement and the organisation's other recruitment materials. This will help set the credence of the role, especially where the role is audited.

Regular Reviews and Updates: From time to time, there could be a need to amend the job descriptions, for example, in relation to the jobs, duties or requirements. This is for the maintenance of compliance and also provides the CoS assurance over time for its accuracy.

Train HR personnel: Educate the HR professionals on the need to adhere to proper job descriptions and the repercussions of failing to do so. This means that a well-equipped staff can prevent common mistakes in the CoS UK applications.

Follow Professional Advice: It would be appropriate to seek professional advice while composing or updating any job description on CoS. Immigration lawyers or consultants can provide detailed help in making a job description conform to UKVI regulations.

Get Professional Assistance

Accurate job descriptions in Certificates of Sponsorship are essential for compliance and the smooth running of applications. The following are some of the dangers that can lead to the sponsor licence suspension and how good practice and consistency can prevent them. If you need professional advice and help with CoS UK and your application for a sponsor licence, A Y & J Solicitors are the people to turn to. Our team has the expertise to help you navigate through the various immigration laws of the UK and take you step by step through the mire of the requirements. An effective job description will assist in visa application and other sponsorship-related issues to avoid the following compliance issues for a successful sponsorship.