Good evening Moderators,
I am writing on behalf of my friend, a chef (SOC Code 5434) who was assigned a Certificate of Sponsorship on 30 March 2024. His current salary is £26,300 per year, and he was originally contracted to work 47 hours per week.
In 2024, his employer reduced his working hours from 47 to 37.5 per week to ensure compliance with HMRC regulations and to maintain pay above the minimum wage. However, the employer did not update the “Report Migrant Activity” section in the Sponsorship Management System (SMS) at the time of the change.
We would appreciate your guidance on the following points:
1.If the employer now reports the reduction in hours from 47 to 37.5 on the SMS, is the Home Office likely to request an explanation for the delayed update?
2.Could this late reporting trigger a compliance investigation or audit by the Home Office?
3.Will UKVI send any formal confirmation or notification to the sponsor once the change is recorded in the SMS?
4.Could this delay in reporting impact the employer’s sponsor licence or the worker’s future ILR application?
5.Given that the salary has remained unchanged (resulting in an increased hourly rate), what steps should be taken to ensure full compliance going forward?
Any advice or clarification on the above would be greatly appreciated.
Thank you for your time and support.
Kind regards,
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