Complying with your sponsorship duties as a Skilled Worker Sponsor in an educational institution

As a licensed sponsor under the Skilled Worker route, educational institutions such as schools, academies, and colleges are entrusted with significant responsibilities. Sponsorship is a privilege, not a right, and must be handled with the utmost care. To maintain this privilege and avoid potential penalties, it is essential to adhere to the Home Office’s sponsorship duties. These responsibilities include the following:

Record-keeping duties

As a sponsor, you must retain specific documents for each individual you sponsor. This includes evidence of the employee's right to work in the UK, records of absences, contact details, payslips, and any documentation related to recruitment processes. Additionally, educational institutions must ensure they keep records of all documents provided as part of the sponsor licence application, such as the job description and recruitment evidence.

In an education setting, this extends to ensuring that details for staff in both academic and non-academic roles are stored securely and are easily accessible for audits. This documentation is critical in the event of a compliance review or Home Office audit.

Reporting duties

Schools, academies, and colleges must report any changes in a sponsored worker’s circumstances to the Home Office within specific timeframes. For example, if there is a change in a worker’s place of employment or duties, this must be reported within ten working days. Similarly, any significant changes to the educational institution itself (such as a merger, change in status, or changes to leadership that impact the institution’s operational structure) must be reported to the Home Office within 20 working days.

It’s important to note that, if a significant organisational change occurs, such as a merger or rebranding, a new sponsor licence may be required. This will affect your ability to continue sponsoring workers, so timely and accurate reporting is crucial.

Not behaving in a way that is not conducive to the public good

The Home Office will not tolerate any actions that could be deemed as not conducive to the public good, such as discrimination, exploitation, or malpractice. Schools and colleges must ensure they promote equity and diversity within the workplace and avoid practices that could negatively impact public trust. For educational institutions, this also includes ensuring that safeguarding policies are adhered to and that all sponsored staff are treated in line with the values of inclusivity and respect.

In the education sector, there is an additional layer of responsibility regarding the Keeping Children Safe in Education (KCSIE) guidance. As part of the sponsor's duties, schools and colleges must ensure that safeguarding is a priority when sponsoring workers, particularly those in positions where they will be working with children or vulnerable adults. Ensuring compliance with the KCSIE policy is not only vital for the safety of students, but also a requirement for maintaining a sponsorship licence.

Complying with immigration and wider UK law

Educational institutions have an obligation to comply not only with immigration law but also with wider UK employment law. This includes:

• Right to work checks: Schools must carry out appropriate checks to verify that workers have the legal right to work in the UK before assigning them a Certificate of Sponsorship (CoS). Failure to conduct these checks can result in penalties or the loss of the sponsorship licence.
• National minimum wage (NMW): It must be ensured that all sponsored staff are paid at least the NMW for their role, including meeting any additional salary thresholds specific to the education sector and the Skilled Worker route. It’s crucial to note that the minimum salary requirement can vary by role. For example, the Home Office’s guidance specifies that some teaching positions may have higher salary thresholds depending on the level of responsibility, location, and experience required. Care should be taken to ensure that the salary meets these criteria when offering sponsorship, particularly for roles like teachers or leadership positions. Failure to meet these salary thresholds can lead to non-compliance and potential loss of the sponsorship licence.
• Working time regulations: Compliance with working hours, rest breaks, and annual leave entitlements is vital for maintaining lawful employment practices.

Educational sponsors must also uphold other employment law obligations, such as the Health and Safety at Work Act and ensuring the safety and wellbeing of all staff, particularly in roles involving direct contact with vulnerable students.

Sponsorship for teachers

When sponsoring teachers under the Skilled Worker visa route, schools must ensure they comply with specific requirements outlined by the Home Office. Schools can sponsor teachers for positions across a range of subjects, but they must ensure the teacher meets the salary requirements and qualifications as specified by the Home Office.

A key point for educational institutions to note is that, as per the Home Office guidelines, minimum salaries for teachers may vary depending on the role and location. It is important that the role being sponsored matches the occupation code for the teaching position in question. Schools must check that they are offering salaries that meet these thresholds for each role to ensure they remain compliant.

Conclusion

The Home Office reserves the right to undertake compliance audits at any time. If non-compliance with sponsorship duties is identified, the sponsor could face significant penalties, including the suspension, downgrade, or revocation of their licence. This could ultimately affect an institution’s ability to continue sponsoring skilled workers, which may impact recruitment and retention, particularly in critical areas such as teaching and support roles.

For schools, academies, and colleges, it is crucial to stay vigilant, ensure that all processes are compliant, and implement robust systems for record-keeping, reporting, and legal compliance. Extra care should be taken when offering sponsorship for roles with differing salary thresholds, such as teaching positions, and special attention should be paid to safeguarding requirements under the KCSIE guidelines. Taking proactive steps now will help avoid potential issues down the line and ensure your institution remains eligible to sponsor skilled workers.