Appendix D Sponsor Licence Records Guidance

An Introduction to Appendix D

Appendix D is a comprehensive guide for sponsors, outlining the specific documents they must retain and the retention periods to ensure compliance with their UK immigration laws. This document applies to those sponsoring workers and organisations sponsoring students.

In addition to detailing document retention requirements, Appendix D is a guide for sponsors to understand their responsibilities and ensure they remain compliant with all aspects of their sponsorship duties.

Referring to Appendix D and the Home Office’s policy guidelines is highly recommended in order to understand your responsibilities as a sponsor. 

Following Appendix D guidelines is crucial to ensure compliance as a sponsor.

Required Documents Sponsors Need to Keep in Appendix D

Evidence for Each Sponsored Worker

• Records showing that you have conducted a right-to-work check in the UK
• Proof of the sponsored person’s entry into the UK, such as travel records, confirming they have valid permission to work and that they arrived on or after the ‘valid from’ date on their visa
• National Insurance (NI) number, unless they are exempt
• Current contact information including UK residential address, email address, and telephone numbers
• If the worker is under 18, a letter of consent from the child’s parents or legal guardians
• A Disclosure and Barring Service (DBS) check letter, if applicable
• Detailed logs of the worker’s absences, regardless of the reason

Documents for Global Business Mobility Routes

Service Supplier Route:

• Copy of the contract awarded for the supply of service
• Tender document for that contract
• Evidence of how the contract was awarded if it was not formally tendered

Secondment Worker Route:

• Copy of any relevant agreement or contract for goods or investment made between you and the overseas business
• Evidence of how the contract or investment was awarded

Documents Showing Recruitment Process of Sponsored Workers

As a sponsor of foreign citizens, you need to ensure that your organisation hires the right talent while complying with UK immigration regulations. This includes maintaining clear and accurate documentation of your recruitment process for sponsored workers. 

This requirement applies to both cases where a Resident Labour Market Test (RLMT) was required and where it was not. You must also adhere to specific document retention periods and ensure accessibility for UK Visas and Immigration (UKVI) inspection.

The RLMT is no longer applicable for most UK sponsorship routes. However, certain routes still require evidence of recruitment efforts. For these routes, you must maintain records of job advertisements, applicant details, and your selection process. This ensures compliance with immigration regulations even though a formal RLMT is no longer required.

For routes without an RLMT requirement, documented evidence of recruitment efforts is still recommended. This demonstrates your genuine intention to hire a settled worker and can be helpful if your sponsorship application is subject to scrutiny.

Documents Showing Salaries of Sponsored Workers

As a sponsor, you are responsible for maintaining detailed records of all salary transactions and contractual agreements with your workers. These records should include the following::

• Payslips for each worker showing  their name, NI number, tax code, and any allowances or deductions
• For members of a Limited Liability Partnership, records should also include evidence of their profit shares and drawings
• Documentation of the amount and frequency of salary payments
• Clear evidence of payment transfers to the worker’s bank account or, where applicable, to a prepaid card system
• Documentation that unequivocally identifies the worker and aligns with the salary details declared on their Certificate of Sponsorship
• A copy of the employment or service contract, or a written statement of the job particulars, which includes:
  • The names and signatures of the contracting parties
  • The duration of the contract, including the start and end dates
  • A comprehensive job description or the scope of work assigned to the worker
  • The agreed working hours
  • Details of the salary package
• Proof of the value of any allowances that form part of the salary, unless explicitly stated within the employment contract or payslips
• Any further documentation as outlined in the relevant code of practice, such as bank statements

Skill Level Verification for Sponsored Workers

• A comprehensive job description for each sponsored role detailing the specific duties and responsibilities associated with the job
• Copies of all relevant qualifications that the workers possess such as degree certificates, or professional references from a previous employer
• Certification proof for roles that demand specific professional registrations or accreditations, such as in healthcare, engineering, or law
• Proof of technical or specialist skill, in the case of sponsoring workers within the creative sector

Appendix D Documents for Students

• Copy of the migrant’s current passport, including all pages containing personal identity details, biometric information, stamps, and immigration status documents
• For EEA nationals using the ID Check app, an eVisa (digital immigration status) replaces a vignette and a physical biometric residence permit (BRP)
• Copy of the migrant’s BRP or eVisa
• For students with an eVisa, obtain and retain an electronic copy 
• Record of the migrant’s absence/attendance
• Up-to-date contact details
• If the student’s course requires an ATAS clearance certificate, retain a copy of the certificate or the electronic approval notice from the Foreign and Commonwealth Office.
• If you are a Higher Education Provider (HEP) endorsing a migrant under the Tier 1 Start-up route, evidence of the selection process that resulted in the endorsement.
• A record of all notifications to local authorities
• Copies or originals (if possible) of any evidence assessed during the offer-making process, such as references or examination certificates
• Records of offer documents for degree-level or above students, 

At IAS, we understand that proper document retention is not just a compliance formality; it is a foundation for fulfilling your sponsorship obligations and safeguarding your organisation’s interests. Call us at +44 (0)333 305 9375 for immediate assistance.

Duration for Keeping Sponsorship Records

All documents submitted as part of your sponsorship licence application must be retained and accessible throughout the validity of your licence. For sponsored workers, all relevant documents listed under Appendix D must be kept for the longer of the following periods:

• A year from the date you end your sponsorship of the migrant
• The date the documents have been examined and approved by a compliance officer if it has been less than one year since the end of your sponsorship of the migrant

If you sponsored the worker for less than one year, you must retain the documents for the duration of the migrant’s sponsorship or until a compliance officer has examined and approved them, whichever is longer.

You must also ensure that, in addition to sponsorship record-keeping, you also comply with your sponsor duties under the Prevention of Illegal Working Regime, which may require certain documents to be kept for longer periods. Additionally, you must adhere to relevant data protection obligations when obtaining and retaining employee information.

What Are Compliance Checks?

Compliance checks are essential assessments conducted by the UK Home Office to verify that sponsors fulfil their immigration obligations and adhere to the sponsorship requirements. These checks can be announced or unannounced and may involve reviewing the sponsor’s records, interviewing sponsored individuals, and inspecting the workplace. 

The primary objective is to ensure that sponsors are meeting their responsibilities, such as paying appropriate wages, maintaining accurate records, and ensuring that sponsored individuals are employed in the roles for which they were granted visas.

Accurate and organised record-keeping is important in demonstrating compliance during sponsorship checks. Comprehensive records serve as evidence of a sponsor’s commitment to upholding immigration rules and regulations. 

Inadequate record-keeping can have severe consequences, including fines, downgrading or even revocation of the sponsor licence. These repercussions can significantly disrupt business operations and tarnish your organisation’s reputation.

To effectively prepare for compliance checks, you should implement a systematic approach to record-keeping, ensuring that all relevant documents are up-to-date and easily accessible. This includes maintaining accurate details about sponsored employees and correspondence with the Home Office. 

At IAS, We can guide you on how to prepare for and respond to compliance checks, ensuring that your organisation fully understands its obligations. Call our expert team at +44 (0)333 305 9375 to get started.

How Can IAS Help?

Understanding the specific requirements of Appendix D is key to avoiding delays or potential rejections due to incomplete or incorrect submissions. At IAS, we understand that dealing with immigration documentation can be overwhelming. Our team of experienced immigration lawyers is excellent at demystifying the complexities of Appendix D and other immigration procedures. 

We guide our clients through each step of the process, ensuring they understand and meet all the requirements. Our personalised approach means we tailor our services to suit the unique circumstances of each individual, providing clarity and confidence throughout their visa application journey.

For anyone in the UK facing challenges with Appendix D or any other aspect of UK immigration, IAS is here to help. We will work with you to achieve a stress-free process to achieve your immigration goals. Our expert immigration lawyers are just a phone call away, ready to offer you the support and advice you need. Call us at +44 (0)333 305 9375 or contact us online.