What should we do when we discover a possible sponsor compliance breach?

When you discover a possible sponsor compliance breach, preserve the original records and stop the problem from continuing. Establish the affected workers, dates and facts, then check the current guidance. Correct what can lawfully be corrected, decide whether an SMS report is required, document the reasoning and test the control that should prevent recurrence.

Preserve the original evidence

Do not overwrite a contract, rota, payslip, right-to-work record or SMS log to make the file appear consistent. Take a controlled copy, restrict unnecessary changes and record when the issue was identified and by whom.

Create an incident record with the suspected duty, workers, periods, systems and deadlines. Keep assumptions separate from confirmed facts.

Stop ongoing exposure

If the issue is continuing, take a proportionate interim step. This may mean pausing an affected process, checking a worker's right to work, correcting the next payroll run or preventing an unverified role change. Obtain advice where the action could affect employment or immigration status.

Do not dismiss or suspend a worker merely to make a sponsor problem disappear. The response must comply with employment law and the sponsor guidance.

Check the current duty

Sponsor Guidance Part 3, paragraph C1.11 lists the sponsor's reporting, record-keeping and compliance duties. Identify the specific duty engaged rather than describing the problem only as general non-compliance.

For salary, use the current Skilled Worker guidance. Paragraph SK7.19 says UKVI will regularly check pay against the CoS or a later reported change through compliance checks, HMRC checks or both. For worker changes, Part 3, paragraph C1.13 states the general reporting duty and normal 10-working-day period.

Reproduce the facts

Build a worker-level schedule. For pay, show the CoS, contract, hours, gross pay, deductions, payslip and payment by period. For a role issue, compare the CoS description and occupation code with the duties actually performed. For reporting, show the event, date identified, deadline and SMS history.

Appendix D, version 08/26 identifies the underlying records work sponsors must retain. Record every missing item rather than assuming it exists.

Correct transparently

Make any lawful correction, but keep the original and a dated correction note. State what changed, why, who approved it and which evidence supports it.

A back-payment, late report or amended contract may be necessary, but it does not rewrite the earlier position. Address remediation and the original duty separately.

Make the reporting decision

Check whether the event is reportable and calculate the deadline from the correct trigger. Record the provision, decision and approval even where no report is made. Where a report is required, keep the submission and confirmation.

If the position is uncertain or potentially serious, obtain advice before sending a narrative that may amount to an admission or omit a material fact.

Fix the control, not only the record

Identify why the issue passed through the system. Assign a control owner, due date and evidence of completion. Test the corrected process on more than the one affected worker.

Close the incident only when the factual correction, reporting decision, worker impact and preventive control are documented. Retain the incident record with the underlying worker evidence.

This article provides general information, not legal advice.

Related questions

Should we delete or replace the wrong record?

No. Keep the original, correct the operational record transparently and add a dated explanation showing what changed, why, who approved it and which evidence was used.

Does a back-payment remove a sponsor salary breach?

A back-payment may remediate money owed, but it does not erase the original pay periods. Review the sponsorship rule, reporting duty and explanation separately.

Should every possible breach be reported immediately?

Identify the specific reporting provision and trigger first. Make required reports within the applicable period, but do not submit an inaccurate or unverified account merely because an issue has been identified.

What records should an incident review contain?

Keep the issue, affected workers and periods, source evidence, current rule, factual findings, corrections, reporting decision, approvals, worker impact and preventive control.