Sponsorship License Revocation
If you have received notification from the Home Office that your Sponsorship License has been revoked, you only have a limited timeframe in which you are able to respond and resolve this. We recommend you seek legal advice on how to handle the revocation. The most obvious option will be to remedy breaches in the compliance and responding to the Home Office to with a possible request to temporarily downgrade your license rating, in order to continue to employ Tier 2 workers. However, these options can only be discussed once the breaches are identified as each case is different.
You should discuss with all relevant personnel, the position the company currently face in light of the alleged breach(es) and address the compliance issues. Agree a time frame and assign responsibilities to relevant personnel to ensure all employees involved are on the right page. We can assist to actively get involved with your meetings to support you through the whole process.
We will advise on the strengths and merits of your case and support you to make a decision on the right course of action. We can assist you to build a strong case to highlight that the revocation of your Sponsorship License will have major implications on the organisation and the possibility of the company losing out; ultimately affecting all employees. One our experts will aid the sourcing of evidence to support this and take you through the whole process; to maximise a positive outcome.
UK Immigration rules are complex and challenging which is why we work to our client’s best interest and understand what is at stake.
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If you have had your Tier 2 Licence revoked, next steps would include:
- Seeking legal advice;
- Responding to the Home Office within 20 days;
- Resolving the issues the Home Office identified in your letter;
- Gathering your supporting evidence if you are eligible for an appeal.
- Responding to the Home Office within 20 days.
Since the time limit for appeal is so short, it is advised that you seek expert advice immediately.
As an employer of foreign workers, you must follow the strict guidelines imposed by the Home Office. If you have:
- not kept accurate records of your employees;
- incorrectly undertaken the Resident Labour Market Test;
- failed to inform the Home Office of major changes in your business; or
- there is a discrepancy with your CoS
these could all be grounds for revocation.
Identifying the issue will help you start the process of resolving it. The Home Office will include the reasons for your Sponsor Licence revocation in their letter. You should consult with management and personnel involved to address the issue and prevent it from happening again.
A Sponsor Licence revocation can have a huge effect on your business’ standing and reputation. You will lose all current migrant workers and may lose the chance to employ more in the future.
It could also result in heavy fines and a civil penalty.
Your Tier 2 employees will also need to find a new employer to sponsor their visa. This will need to be done within 60 days or they may face being asked to leave the country.
If you continue to employ workers after a Sponsorship Licence revocation, you will be employing them illegally and could face further punishment.
There are many potential reasons why your sponsor licence may be revoked:
- No genuine vacancy: it may be alleged that the sponsored worker is carrying out a different role to the one on the Certificate of Sponsorship, or is not working for your company at all.
- Resident Labour Market Test breach: where the company has failed to meet the requirements under the RLMT such as record keeping and meeting the stringent timeframes for advertising vacancies.
- Poor record-keeping: companies that do not consistently meet the record keeping duties on sponsor licence holders.
Our expert immigration lawyers can help if you have had your Sponsor Licence revoked. We have a range of business immigration services to review your company’s operations and bring them up to Home Office standards.
Our services include:
- Immigration Consultancy. We will tailor a consultation package for you to follow to ensure your business’ methods are working correctly.
- Immigration Audit. We will review your HR functions and advise you on how to use the SMS correctly.
- Sponsor Licence revocation appeal. We will provide legal representation for any appeal you make against the Home Office’s decision.
Contact us now by using our online contact form or calling 0744 8077 407 to arrange a consultation with an experienced business immigration lawyer.