Home Office begins investigations into fraudulent Certificate of Sponsorship applications

LONDON May 15: The Home Office is cracking down on employers who use Certificates of Sponsorship (CoS) to sponsor migrant workers. The Home Office is now asking employers to provide a much higher level of detail when applying for CoS, and is also taking a more proactive approach to investigating fraudulent applications.

Historically, care homes and providers were able to request a quota of undefined CoS which could be increased later if required. This allowed them the flexibility to fill vacancies quickly as and when they arose. The Home Office only requested a general idea of the employer’s plans and the online application portal only had two fields: one for the number of undefined CoS needed and a second for the reasons the certificates were required.

Recently however, the Home Office has started to request more detailed information about the job vacancies and the candidates being recruited. Undefined CoS request submissions are being scrutinised more and if insufficient information is provided officials chase updates or reject applications. Several recruiters have complained that the increased compliance measures are making the recruitment process longer and more complicated.

The Home Office has said that the crackdown is necessary to prevent illegal immigration and to ensure that only genuine businesses are able to sponsor migrant workers. The crackdown has been welcomed by some businesses, who say that it will help to protect them from unscrupulous employers who are trying to exploit migrant workers. However, other businesses have expressed concern that the crackdown will make it more difficult for them to recruit the skilled workers they need.

The Home Office has said that businesses will still be able to sponsor migrant workers, but that they will need to meet a higher standard of compliance. Businesses will need to provide evidence that they have conducted a thorough recruitment process and that they have offered the job to a UK resident or citizen before considering a migrant worker. Businesses will also need to provide evidence that the migrant worker has the skills and experience required for the job.

The Home Office has said that it will be taking a more proactive approach to investigating fraudulent CoS applications. Businesses that are found to have made fraudulent applications could face a fine of up to £20,000.

The Home Office’s crackdown on COS is a significant development in the UK’s immigration policy. It remains to be seen how effective the crackdown will be in preventing illegal immigration and protecting businesses from unscrupulous employers. However, the crackdown is a clear sign that the Home Office is taking a tough stance on immigration.

Yash Dubal, director of the Legal 500 firm, said: “Previously our clients reported that the application process for undefined Certificates and Sponsorship was effortless. But now, it can be quite confusing, particularly for inexperienced staff and those that don’t have the resources to outsource are stuck trying to work it out themselves. Increasingly applicants need knowledge of the immigration rules to explain why the request is viable in immigration terms and if they don’t provide credible reasons for the request, the application is rejected.

“It seems the Home Office are cracking down on spurious or ineligible CoS requests and while some employers are making successful requests with quick results others are missing the mark and getting rejections, leading to wasted time and extra expense if they then need to hand over to a legal expert.”

Officials have also stated that future undefined CoS allocations will be granted based on the previous years’ usage. This has also been criticised but may work favourably for care providers.

Dubal added: “For a lot of employers who sponsor migrant workers this is nonsense as they do not sponsor the same number of people each year. For care companies which regularly sponsor workers and those which have a high staff turnover, however, this might be a boon, as in effect their quota will be auto-renewed at the start of every year.”