New guidance for Tier 2 sponsors: Keeping documents

Published 16.03.2021 by Home Office

What does the new guidance (Appendix D) cover?

The documents that must be retained by Worker’s includes Tier 2?

The following text will discuss the documents that must be retained by the worker (including Tier 2):

Passport - A copy of a passport will not to required if a worker has been employed for only one day or even less than a day, neither would it be practicable to gain this evidence. However, in other circumstances, a copy of all sponsored workers current passport will be required. The copy of the passport must show the worker’s personal details of identity and applicable entry clearances like visas or permission like leave. This is to show enter stamps that a person has permission to be working for as a licensed sponsor. Further information on Right to work checks: an employer's guide on GOV.UK.

Date of entry - If it is relevant the worker’s date of entry in the UK must be given as evidence. You must check if a sponsored worker entered the UK while the validity date of their passport. This check must be done if the worker’s updated application for entry clearance like a visa to enter the UK including Tier 2 or as a temporary worker including Tier 5. They will not be permitted to work with you if they have entered before the ‘valid from’ date on their visa. If this does occur it should be advised to the worker to leave the Common Travel Area and only re-enter the UK when they have a valid visa.

This check will not be necessary to conduct if a worker has been granted, or has applied for permission to remain within the UK. This includes:

• A worker applying for an extension for their worker
• A temporary worker permission
• Or a ‘switching’ where changing immigration route during their stay in the UK.

In these circumstances, you must carry out a right to work check and get evidence that is discussed above.

Biometric residence permit - A copy of a biometric residence permit is required to form a worker. This is if the worker comes into the UK what’s called a short-term biometric visa, which is valid for 30 days. This must be collected before their biometric residence permit expires from its end date, however, it can also be collected later, 10 days after their arrival. Further information on Biometric residence permits on GOV.UK.

Authorisation (‘purple’) registration certificate - Between the dates of 1st July 2013 and 30th June 2018 if you have employed someone within those dates and they are a Croatian national worker they are subject to worker authorisation. A copy of their worker authorisation also known as the ‘purple’ registration certificate will be needed to represent that they have a permit to work for you during those dates.

National Insurance (NI) number - A documentation of the employees National Insurance (NI) number will be asked for, will not be needed if they are exempt from showing one. The copy of the NI can be from any one of these:

• The NI card of letter from Customs or the Department for Work and Pensions and HM Revenue
• Employees payslip
• P60
• Or their P45
• If their NI number is shown on their BRP
• P46 also known as Real Time Information starter checklist
• The employer’s declaration sent to HMRC via P11 free of tax pay
• Etc.

The worker’s history - The worker’s contact details, that must also bee kept up to date such as:

• Personal email address
• Telephone number
• Mobile number
• Their UK residential address

Aged under 18 - A child aged under 18 must require a copy of the child parents or legal guardians letter for consenting to the documentation that has been made for the child. including, travel, care, and reception within the UK.

Disclosure and Barring Service - Where is required a worker’s copy of their Disclosure and Barring Service check as a role of a sponsored worker.

Absences - When a worker is absent from work a record should be kept either:

• Manually
• Or electronically

For how long must these documents be retained?

All documents relating to an employee whom you have sponsored must be kept throughout the period that you continue to sponsor them, and until whichever is the earlier of:

• The end of your sponsorship for the worker has been passed one year from the date.
• If it is less than one year the date that a compliance officer approved and examined at least less than a year that you had ended that sponsorship for that worker.

Employers may need to retain some documents specified in appendix D for other purposes (for example, to comply with legislation on preventing illegal working) and for longer periods of time. It is key for employers to ensure that they meet any other legal requirements for record-keeping, such as ones set either by the Home Office or another government department.

Which format of documents is acceptable?

Documents can be kept either as:

• Paper copies (hard copy)
• Or formatted electronically (soft copy).

There is no certain way of storing the documents. However, employers must be able to make them available to the Home Office on request.

General housekeeping

There have been changes made to the general housekeeping. They are:

Introduction - new paragraphs and sub-headings on data protection. Links to additional information on the Commissioner’s Office website.

Part 2 - rewritten to be more clear and understandable to the worker’s requirements etc.

Part 3 - (d) which was one of the subheadings has been deleted, which was about sports governing body endorsement letters. The reason being it is covered in part 2 in the New guidance for Tier 2 sponsors document.