Sponsor Licence Revocation
Sponsor licences are indispensable for all foreign workers who wish to immigrate to the UK. However, in some cases a Tier 2 Sponsor Licence can be revoked. Let us discuss why it happens, what consequences it has for workers and employers, and what can be done if you face such a situation.
Potential Reasons for Revocation of a Sponsor Licence
There are many circumstances that can result in the revocation of a Sponsorship Licence. Some of the most common ones are:
- False or incomplete information contained in the initial or renewed application for the sponsor licence (after the licence has already been granted). If the Home Office discovers that the correct data are missing in the application, and that the licence could not be granted had the Home Office access to the true information, the sponsor licence would be revoked.
- Employment of non-eligible workers. Assigning Certificates of Sponsorship (CoS) to individuals who do not meet the eligibility criteria or employing workers without the right to work in the UK can trigger revocation.
- Non-correspondence between the foreign employee’s actual skill level and the skill level for which the sponsorship licence has been granted.
- Failure to comply with sponsorship duties. Sponsors are obligated to adhere to a set of duties, including monitoring sponsored workers, keeping accurate records, and reporting certain events to the Home Office. Neglecting these duties can result in licence revocation.
- Poor record-keeping and reporting. Inadequate maintenance of employment records, such as failure to keep copies of passports and right-to-work documents, can be grounds for revocation.
- Issues identified during compliance visits. The Home Office conducts compliance visits to assess whether sponsors are fulfilling their obligations. Significant compliance issues uncovered during these visits can lead to licence revocation.
Consequences of Revocation of the Sponsor Licence
The revocation of a Sponsorship Licence has immediate and far-reaching consequences for both the sponsor and their sponsored employees.
For sponsored workers:
Sponsored employees will have their visas curtailed, typically to 60 days. Within this period, the worker must leave the UK unless the remaining validity of their visa is less than this. An alternative option is to find another employment in a category for which the worker qualifies with another licensed British sponsor.
For the sponsor:
- Loss of privilege to sponsor migrant workers. The organisation loses the ability to sponsor new migrant workers and cannot continue to employ existing sponsored staff beyond their curtailed visa periods.
- Reputational damage. Revocation can harm the company’s reputation with clients, stakeholders, and within the industry.
- The sponsor may face a “cooling-off period” of up to 12 months before they can apply for a new Sponsor Licence, prolonging the impact on the business.
What to Do if Your Sponsorship Licence Has Been Revoked?
When your Sponsor Licence is revoked, it’s crucial to act promptly and strategically.
- Begin by thoroughly reading the revocation notice from the Home Office to grasp the exact reasons and compliance issues that led to this action.
- Consult with immigration law experts, such as Sterling Law, who specialise in Sponsor Licence matters to evaluate your options.
- Although there isn’t a formal right of appeal, you might be able to challenge the decision through a Judicial Review if there were legal or procedural errors in how the revocation was handled.
- Identify and rectify the compliance failures that led to the revocation. Implementing robust compliance systems is essential for any future applications.
- Communicate the situation to your sponsored workers promptly and advise them to seek immigration guidance regarding their current status and options.
- If reapplication is the chosen route, plan accordingly for the ‘cooling-off period’ and take steps to strengthen your future application.
Engaging with legal professionals is essential. Immigration law specialists can help you navigate the complexities of the revocation process, assess the likelihood of successfully challenging the decision, and work to minimise the impact on your business operations.
How Sterling Law Can Assist?
At Sterling Law, we offer comprehensive support to businesses facing Sponsorship Licence revocation. Our expertise in immigration law and sponsor compliance can provide a strategic advantage in these challenging circumstances.
- Our team will assess your situation, explain the implications of the revocation, and outline the possible courses of action.
- We can represent you in challenging the Home Office’s decision through Judicial Review, preparing robust legal arguments to contest the revocation.
- We assist in identifying compliance weaknesses and implementing effective systems to prevent future issues.
- If reapplying for a Sponsor Licence is the best option, we guide you through the process to enhance the likelihood of a successful outcome after the ‘cooling-off period’.
- We also offer advice to your sponsored employees, helping them understand their options and maintain their legal status in the UK where possible.
Sterling Law experts will conduct a meticulous study of your immigration and employment circumstances and will offer case-specific legal solutions. You will be assigned a personal manager who will guide you through the entire process of dealing with your issue.
Entrust your sponsor licence problem to Sterling Law immigration barristers, and it will be solved in the most prompt and trouble-free way!