United Kingdom: Digital Compliance Check Methods Expanded

• New defined terms set out types of compliance assessments. The Home Office has defined the terms ‘Digital Compliance Inspections’, ‘Compliance Check’ and ‘Compliance Visit’. By defining these terms, the Home Office has clarified that there are a number of official methods that can be followed in order to complete compliance assessments of Sponsor Licence holders.
• New types of compliance checks. The new digital compliance checks will include:
  • Virtual interviews using yet to-be-determined video conferencing facilities; and
  • ‘Desktop audits’, in which the Home Office will use its own database and records, as well as other governmental information such as Pay As You Earn records (tax system in the United Kingdom for employers) and Companies House filings (national record of companies and associated filings in the United Kingdom) to conduct a digital check of the sponsor’s trading presence in the United Kingdom.

• Shift towards digital inspections. Since many elements of a compliance check can now be completed digitally, and can be announced or unannounced, businesses should be aware of their obligations as a Sponsor Licence holder to ensure they meet the audit standards.
• Fragomen can assist. Fragomen’s dedicated Compliance & Audit team is on hand to discuss, review and assist with navigating these changes and to discuss the five key areas of compliance, and provide training where required.

• Clearer guidance. Virtual interviews and desktop audits were occasionally used for compliance checks during the COVID-19 pandemic but there was previously no formal guidance on such checks. Prior guidance did not define various methods of immigration compliance assessment.
• Focus on compliance. This new guidance shows an ongoing commitment by the Home Office to ensure that Sponsor Licence holders are complying with UK guidance on the topic.

All Sponsor Licence holders in the United Kingdom are subject to compliance duties, including:

• • • Monitoring immigration status and preventing illegal work;
    • Maintaining migrant contact details;
    • Record keeping and recruitment practices;
    • Migrant tracking and monitoring; and
    • General sponsor duties and professional accreditations.

The update indicates a further shift towards digitalisation in UK immigration processes, with the Home Office making further use of sharing data between government departments. Further changes along these lines are expected in the United Kingdom in the future.