Record Keeping Requirements for UK Visa Sponsors

Introduction

For data management professionals and compliance officers, meticulous record keeping is a cornerstone of maintaining a UK Sponsor Licence and ensuring compliance with UK Visas and Immigration (UKVI) regulations. Proper documentation supports the employment of non-UK nationals under routes like the Skilled Worker or Global Business Mobility (GBM) visas, while safeguarding against penalties during Home Office audits. With stricter enforcement in 2025, as outlined in the May 2025 Immigration White Paper, Restoring Control over the Immigration System, and the eVisa transition by 31 December 2026, robust record-keeping systems are essential. This guide details mandatory record-keeping requirements, retention periods, audit preparation, and best practices for 2025 compliance.

Why Record Keeping Matters

Effective record keeping ensures compliance with Sponsor Licence obligations, facilitates Home Office audits, and mitigates risks of penalties, including fines up to £20,000 per illegal worker or licence revocation. Key benefits include:

• Audit Readiness: Organized records streamline responses to unannounced or desk-based audits.
• Compliance Verification: Documents prove adherence to salary thresholds, right-to-work checks, and reporting duties.
• Penalty Avoidance: Proper records prevent sanctions like licence suspension or revocation (1,948 revocations from July 2024 to June 2025).
• eVisa Transition: Digital records support verification of eVisa share codes by 2026.

Data Management Action: Prioritize secure, accessible record-keeping systems to align with 2025 regulations.

Mandatory Record-Keeping Requirements

UKVI mandates sponsors to maintain specific records for all sponsored workers and organizational details, as outlined in Appendix D of the Sponsor Guidance.

1. Sponsored Worker Records

Sponsors must retain the following for each worker under routes like Skilled Worker or GBM:

• Certificate of Sponsorship (CoS):
  
  • CoS reference number, job title, salary, and duration.
  • Evidence of compliance with RQF Level 6 or Temporary Shortage List criteria.
• Right-to-Work Documents:
  
  • Copies of Biometric Residence Permits (BRPs) or passport vignettes (until 31 December 2026).
  • eVisa share codes or UKVI account verification details (post-2026).
  • Records of pre-employment and annual right-to-work checks.
• Employment Records:
  
  • Employment contracts detailing role, salary (£41,700 for Skilled Worker, £48,500 for GBM Senior/Specialist), and work location.
  • Payslips showing salary payments, aligned with CoS details.
  • Absence records for leaves exceeding 4 weeks (except maternity/paternity).
• Recruitment Evidence:
  
  • Job advertisements, CVs, or interview notes proving genuine vacancy.
  • For GBM routes, proof of 12-month prior employment (or 3 months for graduate trainees) with the overseas entity.
• Qualification Documents:
  
  • Certificates or transcripts for roles requiring specific qualifications (e.g., RQF Level 6).
  • English language test results (e.g., CEFR B1/B2 for Skilled Worker).

2. Organizational Records

Sponsors must maintain records to prove operational legitimacy and compliance:

• Sponsor Licence Documents:
  
  • Licence application records, including submission sheets and supporting documents (e.g., Companies House registration, VAT certificate).
  • Details of key personnel (Authorising Officer, Key Contact, Level 1 Users).
• Financial Records:
  
  • Bank statements, audited accounts, or tax records to demonstrate solvency.
  • Evidence of company size (e.g., ≤50 employees, £15M turnover for small sponsor status).
• Corporate Linkage (GBM Routes):
  
  • Shareholder agreements or organizational charts proving linkage between UK and overseas entities.
• Compliance Systems:
  
  • HR policies for monitoring workers, reporting changes, and conducting right-to-work checks.
  • Records of SMS reporting (e.g., worker or organizational changes).

3. Retention Periods

• Sponsored Worker Records: Retain for the duration of sponsorship plus 1 year, or until a Home Office audit is completed, whichever is longer.
• Right-to-Work Records: Retain for employment duration plus 2 years.
• Organizational Records: Retain for the duration of the Sponsor Licence (4 years, renewable) or as required by other UK laws (e.g., tax records for 6 years).

Compliance Action: Create a record retention schedule in data management systems to meet UKVI requirements.

2025 Compliance Considerations

The 2025 regulatory landscape introduces specific record-keeping challenges:

• Stricter Audits: Increased inspections focus on salary compliance (£41,700/£48,500), hybrid work reporting, and eVisa verification.
• eVisa Transition: By 31 December 2026, records must include eVisa share codes and UKVI account details for right-to-work checks.
• RQF Level 6 Rules: Document job roles to prove degree-level standards or Temporary Shortage List eligibility.
• Fee Documentation: Retain records of CoS (£525), Immigration Skills Charge (£1,000/year for large sponsors, Skilled Worker), and Immigration Health Surcharge (£1,035/year).

Data Management Action: Update record systems to capture eVisa data and 2025 salary/job compliance details.

Penalties for Non-Compliance

Failure to maintain or produce records risks severe consequences:

• Licence Downgrade: B-rating with a £1,476 action plan, halting new CoS issuance.
• Licence Suspension: Temporary stop to sponsorship activities, risking visa curtailments.
• Licence Revocation: Permanent loss, with a 12-month reapplication ban and £525/CoS losses.
• Civil Penalties: Up to £20,000 per illegal worker for failed right-to-work checks.
• Criminal Penalties: Up to 7 years’ imprisonment for knowingly employing illegal workers.

Compliance Action: Quantify penalty risks (£20,000–£100,000 for multiple violations) in data management audits to justify robust systems.

Best Practices for Record Keeping

1. Implement Digital Systems:
   
   • Use HRIS platforms (e.g., Workday, SAP SuccessFactors) to store CoS, right-to-work, and employment records securely.
   • Ensure cloud-based backups with encryption and audit trails.
2. Automate Compliance Tracking:
   
   • Integrate HRIS with SMS for real-time CoS and reporting updates.
   • Set automated alerts for right-to-work checks and retention deadlines.
3. Conduct Regular Audits:
   
   • Perform quarterly internal audits to verify record completeness and compliance with RQF Level 6 and salary rules.
   • Simulate Home Office visits to test record accessibility.
4. Centralize Record Management:
   
   • Create a compliance hub for CoS, right-to-work, and organizational records, accessible to key personnel (Level 1 Users, Authorising Officer).
   • Use standardized naming conventions (e.g., “WorkerName_CoS_2025.pdf”).
5. Prepare for eVisa Transition:
   
   • Store eVisa share codes and UKVI account details in HRIS by Q1 2026.
   • Train staff on online right-to-work verification processes.
6. Engage Experts:
   
   • Consult immigration advisors for complex cases (e.g., audit responses), budgeting £2,000–£5,000.
   • Partner with legal teams to validate record-keeping policies.

Data Management Action: Build a centralized HRIS module for record storage, integrating automation and audit tools.

Challenges and Mitigation Strategies

• Volume Overload: Managing records for multiple workers is complex. Mitigate with HRIS automation and bulk upload features.
• Incomplete Records: Missing documents risk audit failures. Use checklists and regular spot-checks to ensure completeness.
• eVisa Complexity: Technical issues with UKVI accounts may disrupt verification. Provide IT support and early setup guidance.
• Hybrid Work Reporting: Documenting remote work locations is critical in 2025. Include work patterns in contracts and SMS reports.

Compliance Action: Incorporate challenges into data management workflows, prioritizing automation and training.

Conclusion

Record keeping is a critical function for UK visa sponsors in 2025, requiring data management and compliance officers to maintain comprehensive, accessible records for workers and organizations. By leveraging HRIS, automating compliance, and preparing for audits and the eVisa transition, teams can ensure adherence to UKVI rules and avoid penalties. Strategic record management supports seamless sponsorship and global talent mobility.

Disclaimer‍

Immigration laws and policies change frequently and may vary by country or nationality. While we strive to provide accurate and up-to-date information, we recommend doing your own due diligence or consulting official sources. You are also welcome to contact us directly for the latest guidance. Jobbatical is not responsible for decisions made based on the information provided.

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