What should an immigration policy cover?

An immigration policy should cover right to work checks, the sponsorship process, document retention, reporting duties, responsibilities for visa renewals and ILR, and the process when a worker's visa is about to expire.

Who is responsible for immigration compliance in a company?

The Home Office requires sponsors to name an Authorising Officer, a Key Contact, and a Level 1 User on their sponsor licence. Day-to-day compliance is usually managed by HR, but ultimate responsibility lies with the Authorising Officer.

What happens if an employer fails to comply with sponsor duties?

Non-compliance can result in the suspension or revocation of the sponsor licence, civil penalties of up to £60,000 per illegal worker, and criminal prosecution in serious cases. An immigration policy helps prevent these consequences.

Immigration Policy Template for UK Employers

Q: Do employers need an immigration policy?

While not legally required, having a written immigration policy is strongly recommended for any employer that holds a sponsor licence or employs overseas workers. It helps ensure compliance with Home Office requirements and demonstrates due diligence.

An immigration policy helps employers comply with UK immigration law and sponsor licence requirements. Key areas include right to work checks, the sponsorship process, reporting duties, document retention, and visa expiry management. Having a clear policy protects the employer from civil penalties and sponsor licence action.

Why You Need an Immigration Policy

Any employer that holds a sponsor licence or employs overseas workers should have a written immigration policy. The policy:

Ensures consistent compliance across the organisation
Protects against civil penalties for employing illegal workers
Demonstrates due diligence if audited by the Home Office
Helps HR staff understand their responsibilities
Supports the sponsor licence compliance requirements

Right to Work Checks

Every employer must check that every employee has the right to work in the UK before employment begins. Your policy should specify:

How checks are conducted (online via the GOV.UK right to work checking service or manual document checks)
Who is responsible for conducting checks
When follow-up checks are required (for time-limited permissions)
How records are retained and for how long

See our right to work check guide for detailed procedures.

Sponsorship Process

Your policy should set out the process for sponsoring workers:

When sponsorship should be considered (after genuinely advertising the role)
Who has authority to approve a certificate of sponsorship
The process for assigning a CoS and supporting the worker's visa application
Cost allocation (who pays the visa fee, IHS, and immigration skills charge)

Reporting Duties

Sponsors have reporting duties to the Home Office. Your policy should specify procedures for reporting:

When a sponsored worker does not start their job
When a sponsored worker is absent without permission for 10 or more days
Changes in the worker's salary, job title, or work location
When a sponsored worker's employment ends
Any significant changes to the employer's circumstances

Visa Expiry Management

The policy should include a system for tracking visa expiry dates:

Maintain a register of all sponsored workers with their visa expiry dates
Send reminders to workers and HR at least 3 months before expiry
Set out the process for visa extensions
Clarify what happens if a worker does not extend (their employment must end)
Include guidance on supporting workers applying for ILR after 5 years

Document Retention

Your policy should specify what documents to keep and for how long:

Copies of right to work documents for the duration of employment plus 2 years
Certificates of sponsorship and associated correspondence
Records of compliance checks and follow-up actions
Training records for staff involved in immigration compliance

For the full framework, check the GOV.UK Appendix D record-keeping guidance.

Training and Review

Your policy is only effective if staff understand and follow it:

Train all HR staff and hiring managers on the policy
Review and update the policy at least annually or when immigration rules change
Keep records of training provided
Consider having the policy reviewed by an immigration solicitor

For the full cost of hiring overseas workers, see our employer costs guide.