SPONSOR LICENSE SUSPENDED/REVOKED

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SPONSOR LICENSE SUSPENDED/REVOKED

Once a Sponsorship Licence is obtained it is very important that the licence is not revoked or suspended. Revocation of a Sponsor Licence can have an extremely negative impact, not only on the business but also for the sponsored employees.


The Home Office are regularly updating their requirements and guidance notes and businesses must remain up to date with the current law and guidance relating to Sponsor Licence. If the Home Office are not satisfied that a business has competently complied with the requirements and duties of Sponsor, the Home Office has the option of either suspending or revoking the licence. At OSBOURNE PINNER we provide legal advice and assistance on maintaining the Sponsor licence once it has been acquired.


If the Home Office makes the decision to revoke a sponsor’s licence it will be revoked in all tiers and categories for which the sponsor is licenced and as such the sponsor will be removed from the register of sponsors.


Circumstances in which the Home Office will revoke a sponsor licence, include but are not limited to the following reasons:

  • The sponsor is B-rated and has not met any of the requirements of their action plan within the specified time period;

  • The sponsor employs a migrant in a job that does not meet the required skill level.

In other circumstances, where a sponsor fails to comply with any of their sponsor duties the Home Office may decide to suspend the sponsor licence whilst they carry out further enquiries. Upon completion of its enquiries the Home Office will either reinstate, downgrade or revoke the sponsor’s licence.

WHAT ARE THE MOST COMMON REASONS FOR REVOCATION OF A SPONSOR LICENCE

  • Following a grant of Sponsor Licence, if the Home Office discover that the Sponsor (the business) provided false information in their application (regardless whether it is an initial or renewal application for Sponsor Licence) and if they further find that the Sponsor Licence would not have been granted had the Home Office been provided with the correct and true information, then the Sponsor Licence will be revoked.

  • The licence will also be revoked If a business is found to have employed illegal workers.

  • If the business failed to undertake the checks necessary to determine the employee’s right to work correctly and in accordance with Home Office guidelines.

  • If the Home Office discover that a business employed a non-EEA national for a job that does not actually meet the required skill level for the role.

  • Failing to provide the Home Office with requested documents within the deadline stipulated by the Home Office will also result in revocation of the licence.

  • If the business supplied incorrect information on the Certificate of Sponsorship, including salary, or the CoS is used to fill a vacancy for a role not mentioned on the CoS, or a business incorrectly submits that the role was exempt from the resident labour market test when the exemption was not applicable.

In simple words the Home Office will revoke the Sponsor licence if UK Visas and Immigration considers that you are failing to meet your sponsor duties in a serious way or stop operating in the UK.


The effect of the revocation is that the Home Office will immediately curtail leave to remain for the migrant workers on a Tier 2 and/or Tier 5, who are found to have knowingly partaken in the circumstances listed above.


If your sponsor licence is revoked, any migrants you sponsor (who are not involved in any actions that led to the licence being revoked) will have their leave curtailed. They will be given 60 calendar days to find alternative sponsorship or leave the UK. If they have less than 60 days to run on their visa it will not be curtailed, but they must find alternative sponsorship or leave the UK before it expires.


If your Sponsor licence is revoked, there is no right to appeal the decision. The only legal remedy available if you believe the decision to revoke the licence is wrong, is by initiating judicial review proceedings (please see below for more details on judicial review). 

How We Can Help?

At OSBOURNE PINNER we have experts specialising in Tier 2 sponsor licence applications. Our team of specialised immigration lawyers have over 18+ years of experience and are able to assist you in the following ways:

  • Initial consultation to determine if Tier 2 Sponsor application is the best choice for your business

  • Providing a comprehensive advice and assistance with carrying out the Resident Labour Market Test, if applicable. Advice will be provided if any exemptions from the RLMT apply. If necessary, the RLMT advice will include drafting of adverts and compliance advice.

  • Advice on the evidence to be submitted in support of the application and assessing the evidence under the specified documentary requirements.

  • Completing and checking your Tier 2 Sponsor licence application online form.

  • Submitting all the appropriate supporting documents for your Tier 2 Sponsor application

  • Preparing a lengthy and detailed letter of representations dealing with the additional information required.

Speak To An Expert Now!

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    Brochure of Sponsor Licence Application

    A sponsor licence allows UK-based companies to employ overseas workers within the UK. After approval, the licence is valid for a period of 4 years with the option for renewal.

    Eligibility criteria for a Sponsor Licence are that your organisation has a presence in the UK and should be operating or trading lawfully. If you have more than one UK branch, you have two choices: either you can apply for one licence that covers all your linked UK entities or apply for individual licences for each branch, depending on your situation.

    While applying for a sponsorship licence, the organisation needs to accept certain duties to ensure the prevention of illegal working.

     

    HOW TO GET SPONSORSHIP LICENCE IN UK

    The Sponsor Licence is the key for UK-based companies to hire international talent in the UK. This helps them to improve their productivity and operations. However, the legal process is quite complex, especially when you are applying without any legal help. Osbourne Pinner with its years of experience in immigration law can help your firm to acquire Sponsorship Licence successfully. The guidance provided by us will help you through the process of hiring and retaining your ideal candidate. Don’t hesitate to give us a call today for free, no-obligation initial chat.

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    A sponsor licence allows UK-based companies to employ overseas workers within the UK. After approval, the licence is valid for a period of 4 years with the option for renewal.