Sponsor License Suspension

Sponsor License Suspension

Sponsor license suspension can have negative consequences for any foreign workers you employ.

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Tier 2 Sponsor Licence suspension or revocation can have devastating consequences for your business.  Your ability to issue further Certificates of Sponsorship will immediately end, leaving you unable to recruit the talent you need to meet customer demands and grow your business.  In addition, your organisation could face reputational damages, meaning the best and brightest in your sector may be reluctant to apply for available positions.

Action taken by the Home Office on a sponsor’s licence may also affect the migrants who are sponsored (or who are in the process of being sponsored) by the organisation.  The effect on the migrants ranges from no impact to immediate cancellation or curtailment of leave, depending on whether the licence is downgraded, suspended or revoked, and the circumstances of the migrant at the time of the action.  If the migrant was complicit in the breach that led to the suspension, the consequences for them are likely to be more severe.

All Sponsor Licence holders face the risk of suspension or revocation of their license if found to be non-compliant. This is a serious issue, and it cannot be stated strongly enough how important it is to avoid such adverse action being taken.

As the Home Office becomes more active in conducting unannounced compliance visits, more and more companies are seeking help.  Sterling Immigration is serving these companies, helping them work towards a successful resolution of their Tier 2 Licence challenges.

What are the Most Common Reasons a Tier 2 Sponsor Licence May be Suspended or Revoked?

Following a compliance visit from the Home Office, concerns may then be expressed by UKVI. These concerns may result in a down-graded licence, suspension, or revocation of a licence. The most common concerns result from improper or non-existent Residence Labour Market Tests (RLMT), poor record keeping and reporting, insufficient recruitment practices, or poor HR policies and procedures regarding sponsor duties.

What is the Difference Between the Suspension and Revocation of a Sponsor Licence?

An organisation’s Tier 2 Sponsor Licence can be suspended if UK Visas and Immigration (UKVI) has concerns that a sponsor may be breaching their sponsor duties or otherwise poses a threat to immigration control, and a mandatory revocation ground does not apply.

The reasons for the sponsor licence suspension will be issued in writing and you will have a chance to respond.  UKVI may decide to investigate the matter further.  If the latter occurs, you will still be provided with an opportunity to respond to the reasons for the suspension.

If you receive a suspension notice, contact us immediately.  Our lawyers will review the contents of the notice and provide expert advice as to how you should respond.

Revocation of a Sponsor Licence can be made on a mandatory and/or severe compliance breach. Where a discretionary reason for revocation applies, the Home Office may first suspend the licence and provide the opportunity for your organisation to respond to the UKVI’s concerns before deciding whether to revoke it.  If a sponsor’s licence is revoked, the organisation will not be able to apply for a new licence until 12-months have passed since the date of the revocation letter.

Why Choose Sterling Immigration to Advise You in The Case of a Tier 2 Sponsor Licence Suspension or Revocation?

We are well experienced in helping clients who are facing strict actions from Home Office. We have represented many companies. We understand the stress and economic impact managing suspension and/or revocation of a Sponsor Licence. We provide fast, robust solutions and advice to ensure your commercial interests are protected and if needed, help you to get your licence restored.

How our immigration lawyers can help

Our business immigration lawyers regularly assist employers to complete Resident Labour Market Tests in compliance with the requirements of the Immigration Rules and Sponsor Guidance.

Whether you require assistance with ensuring that your job advert satisfies the RLMT, advice on the records that you should keep during the recruitment process or advice on the documents that you should retain in order to demonstrate compliance with your sponsorship duties, our immigration lawyers can assist.

Call us on 0208 099 7560, complete the online contact form or email us at [email protected] to learn more about how we can help your business remain in compliance with UK immigration law.

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