Over the past year, with a particular focus post-election, there has been an overhaul of the UK immigration system to intensify the government’s approach towards non-compliance.

Recent figures published by UK Visas and Immigration (UKVI) have sent shockwaves through those who hold responsible positions in the sponsor management system, with nearly 1000 skilled worker licences revoked or suspended in the second quarter of 2024, compared to 117 in the second quarter of 2023. With such severe action being enforced, the question remains, who is responsible for these failures? The short answer is that it’s the Authorising Officer that bears the brunt of responsibility. 

The creation of the sponsorship licence regime is underpinned by the guiding principle that sponsorship is a privilege, not a right. However, in the enforcement of this privilege, comes responsibility, which is borne by select personnel in the sponsor-benefitting organisation; discharging their legally bound duties and helping to preserve the integrity of the UK immigration system. 

The appointed personnel are entrusted by the Home Office to act as an extension of their compliance regime, holding the responsibility to deliver organised and structural measures through a tiered trio comprised of the Authorising Officer, Key Contact, and Level 1 user. Each individual undertakes a specific role that is complimentary to the others. The Key Contact and Level 1 User play an important role in the context of sponsor management within a company, taking on the administrative burden of being the point of contact and ensuring informative updates are recorded in the sponsor management system (SMS). 

However, the true burden of responsibility lies with the Authorising Officer. The Authorising Officer is the most senior person in the organisation responsible for the recruitment of all migrant workers and ensuring the organisation meets all their sponsor duties. As a result, the Authorising Officer has oversight of the entire recruitment and management of migrant employees, undertaking strict right-to-work checks, enforcing ongoing compliance and reporting, and liaising with UKVI. To fulfil these roles, they must have an in-depth understanding of the existing immigration framework and be able to stay up-to-date and informed of the ever-changing rules. In the absence of this knowledge runs a real risk that they will not understand the sponsor eligibility requirements for migrant workers and right-to-work checks will not be carried out with the proper diligence, resulting in inevitable sanctions and revocations.

The Authorising Officer is also responsible for the actions of the Key Contact and Level 1 User, and so whilst they operate as a team, it is the Authorising Officer who is liable for any compliance breaches. 

These three roles can be carried out by one person or up to three different people. Despite holding such a high degree of oversight and responsibility, the Authorising Officer does not have automatic access to the SMS, unless they are also the Level 1 user. Therefore, it is good practice to appoint the Authorising Officer as a Level 1 user, given their involvement in the sponsor management diligence and their role in appointing the individuals who will have access to the SMS and the type of access they have.  

The level of responsibility borne by the Authorising Officer is demonstrated by their stricter eligibility requirements, with certain individuals unable to undertake the role. Their assumption of the role is assessed by the Home Office, evaluating their criminal and immigration history, and assessing if they have ever failed to comply with the sponsor rules and regulations or had a fine for such conduct. The individual must also be a managerial employee, as this role cannot be outsourced, and they cannot be prohibited from being a company director or be subject to bankruptcy or a debt relief restriction order. 

The importance of having an Authorising Officer is exemplified in the fact that if the registered Authorising Officer leaves the company, and a new Authorising Officer is not appointed or recorded in the system within 10 working days, the sponsor licence is at a very real risk of being suspended or revoked. This demonstrates the level of trust the Home Office puts in the Authorising Officer to act as an extension of their enforcement and ensure there is continuous and unbroken oversight of compliance with the rules. 

Therefore, with the widespread crackdown on sponsorship compliance and the Home Office taking a proactive, as opposed to a reactive approach, the pressure is on authorising officers to be hyper-vigilant in their duties, or face business collapsing sanctions or revocations. Despite the Authorising Officer holding this responsibility, the consequences are far more extensive, with the sponsor benefitting company facing economic and reputational damages that may render them unable to operate, resulting in major job losses. The severity of the consequences exemplifies the need for the key personnel to operate with the necessary diligence and organisation, overseen by the Authorising Officer keeping abreast with the ever-changing immigration rules, as failure to do so risks this very important privilege being taken away. 

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