- Sponsors’ Document Retention Rules Relaxed
- January 27, 2017
- Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
In a effort to ease the administrative burden on sponsors of foreign workers and align UK immigration obligations with document retention obligations imposed on UK employers, UK Visas and Immigration (UKVI) has reduced the period of time for which sponsors must retain documents for their sponsored migrant workforce.
Specifically, sponsors must abide by the below new document retention rule, whichever is shorter:
- If a sponsor is not audited within one year of the end of a sponsorship period, it is no longer required to maintain documentation after the end of the one-year period; or
- If the migrant is no longer sponsored, a sponsor is no longer required to maintain documents from the point at which a compliance officer has examined and approved the documents.
Despite the above, employers must still retain evidence of a right to work check for two years following the end of employment. This requirement is imposed on all employers and applicable to employees who are deemed to be settled or hold temporary status in the United Kingdom.
The above guidance should be reviewed in line with other non-immigration-related requirements imposed on UK employers.