If you are reading this after you have just had learned that your company’s Sponsor Licence has been suspended, you probably are at your wits ends about what you should do and are worried about your employees’ Immigration status and the future of your business.
How can OTS Solicitors help?
Sponsor Licence suspension
Reasons for Sponsor Licence suspension
• Not complying with Sponsor Licence record keeping obligations – Home Office rules state that a Sponsor Licence holder must keep accurate contact details for all non-EEA migrant employees. This includes basic information such as the employee’s address and telephone number. In addition, the Sponsor Licence holder must retain copies of documents used to prove the migrant worker is permitted to work in the UK;
• Poor HR policies and procedures that result in not carrying out Sponsor Licence monitoring duties – Home Office rules state that a Sponsor Licence holder must record non EEA migrant worker’s attendance at work as well as carrying out ongoing right to work checks;
• Failure to fully comply with the Home Office rules relating to the conduct of the Resident Labour Market Test or genuine vacancy issues;
• Not paying the non-EEA migrant worker in accordance with Sponsor Licence guidance and Home Office rules;
• Not complying with Sponsor Licence holder reporting duties – the Home Office rules state that Sponsor Licence holders must report certain matters to UK Visas and Immigration, for example the regular non-attendance of a Tier 2 (General) Visa migrant worker or the termination of their employment;
• Failure to cooperate with the Home Office – Home Office rules state that Sponsor Licence holders must comply with requests for information or access to documents during a Home Office audit;
• Failure to maintain key personnel in Sponsor Licence roles – Home Office rules state that Sponsor Licence holders must allocate certain responsibilities to key personnel within the company in order for Sponsor Licence duties to be effectively carried out through the Sponsor Management System (SMS).
Effect of suspension of a Sponsor Licence
• Assign any Certificates of Sponsorship, meaning that the business cannot recruit any new non- EEA migrant workers;
• The company will be taken off the public register of Sponsor Licence holders whilst the Sponsor Licence is suspended.
• Comply with all Sponsor Licence holder duties;
• Cooperate with the Home Office;
• Apply for a new Sponsor Licence if the Sponsor Licence is due to expire during the period of suspension;
• Take urgent legal advice on whether to challenge the Sponsor Licence suspension or alternative options;
• Consider any immediate reputational damage issues arising from the Sponsor Licence suspension and impact on the business and retention of existing migrant employees if they are aware of the Sponsor Licence suspension
What happens if a Sponsor Licence is suspended?
How can OTS Solicitors help?
For more information about how the business immigration team at OTS Solicitors can help you deal with a Sponsor Licence suspension or any other aspect of business immigration law please call us on 0203 959 9123 to arrange an appointment to speak to one of our experienced London business immigration solicitors who will be happy to help.
For the best expert legal advice and outcome on your UK Immigration application, contact OTS Immigration solicitors on 0203 959 9123 or contact us online.
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Posted on: Monday, 08 July, 2019