What to do if Your Sponsor Licence has Expired
In this article our Sponsorship Licence lawyers take a look at what your business needs to do if your sponsor licence has expired. With COVID-19 related issues and business pressures quite a few UK businesses have let their sponsor licences expire, either accidently or non-accidently because they hadn’t realised that they would still need a sponsor licence after Brexit and the end of the furlough scheme. If your sponsor licence has expired or you realise that you need your sponsor licence renewing our Sponsorship Licence lawyers can help you.
UK Online and London Based Sponsorship Licence Lawyers and Immigration Solicitors
For advice on sponsor licences or any aspect of employment or immigration law call the expert London Sponsorship Licence lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
Has you sponsor licence expired?
It is an obvious point but has your sponsor licence expired yet? If it hasn’t then even if you feel rather disorganised and bitterly regret not taking action sooner it isn’t too late. A Sponsorship Licence lawyer can help take the hassle out of applying to renew your sponsor licence.
Once your sponsor licence renewal is sorted out, if your business wants to spend less time in sponsor licence issues then a Sponsorship Licence lawyer can manage the sponsor licence for you. Sponsor licence management is not admitting defeat but simply acknowledging that your HR team is either non-existent or too stretched to cope with all their existing demands.
What happens if a sponsor licence expires?
If you allow your sponsor licence to expire because you don’t apply to renew it then your business can no longer:
- Recruit overseas workers who require a sponsoring employer or
- Continue to employ existing workers who are sponsored on Tier 2 (General) visas or skilled worker visas or intra company transfer visas or
- Remain on the register of sponsor licence holders.
Your business can therefore only employ:
- British citizens or
- Those with pre-settled status or settled status under the EU Settlement Scheme or
- Those with indefinite leave to remain or
- Those who are subject to UK immigration control but who can work in the UK without requiring a sponsoring employer with a sponsor licence. For example, a person in the UK on a graduate visa or a family visa.
What happens to existing employees if your sponsor licence expires?
If you allow your sponsor licence to lapse then as your business can no longer sponsor workers on the skilled worker visa, Tier 2 (General) visa or intra company transfer visa then your business will need to let them go. Failure to do so could result in your business being prosecuted under the illegal working legislation as the workers no longer have a right to work in the UK with you as you can't sponsor their employment.
Immigration rules normally allow an employee on a work visa up to sixty days to:
- Find another job with a new sponsoring employer or
- Switch visa or
- Leave the UK.
The visa reduction is referred to by Sponsorship Licence lawyers as ‘visa curtailment’. If a sponsoring employee has less than sixty days left on their visa then the curtailment period will be shorter. The expiry of your business sponsor licence won't just affect your sponsoring employees but also their dependants in the UK on dependant visas. If a sponsored employee is overseas at the time of the sponsor licence expiry, they may encounter entry clearance difficulties.
When does a sponsor licence expire?
A sponsor licence expires automatically four years after it have been granted by the Home Office. There is no automated renewal process. Either your HR team or your sponsor licence management team need to take action to renew the sponsor licence.
What is my sponsor licence expiry date?
If you are worried about your business and its sponsor licence expiry date and the location of the paperwork to check the expiry date there is a simple solution. Look on the sponsor management system as that has the sponsor licence expiry date on it.
Is a sponsor licence holder given a reminder to renew their sponsor licence?
The Home Office will send an automatic reminder that your business needs to renew its sponsor licence. This will go to your authorising officer. That can often be the reason for sponsor licences expiring without a renewal application as many authorising officers have far too much in their inbox and don’t read the reminder email.
The timing of a sponsor licence renewal application
Sponsorship Licence lawyers say that ideally a sponsor licence renewal application should be submitted to the Home Office at least a month before the expiry date of your current sponsor licence. Therefore, in a perfect world, your business would be taking legal advice from Sponsorship Licence lawyers a few months before that so you can sort out any paperwork needed for the renewal application and address any potential reporting and recording issues or file issues raised in a preparatory audit.
Sponsor licence expiry – renewal or new sponsor licence application
Your best route to getting a new sponsor licence will depend on the expiry date of your current licence. You may be able to apply to renew your sponsor licence or, depending on circumstances, your only or your best option may be to apply for a new sponsor licence.
If your sponsor licence is due to expire shortly it is best to get urgent legal advice from expert Sponsorship Licence lawyers rather than let your sponsor licence expire thinking you will be able to apply for a new sponsor licence.
Tips on avoiding sponsor licence expiry
Sponsorship Licence lawyers emphasise the need to plan ahead. Although the Home Office will notify your authorising officer that your sponsor licence is reaching its expiry date it is best that more than one person has the sponsor licence expiry date in their diary.
When it comes to the diary, do not diary up sorting out the sponsor licence for a few days before its expiry date. Sponsorship Licence lawyers recommend that you diary up to six months before your sponsor licence is due to expire. That then gives you and your Sponsorship Licence lawyers the time to submit the best sponsor licence renewal application with the right paperwork in support.
UK Online and London Based Sponsorship Licence Lawyers and Immigration Solicitors
For advice on renewing your sponsor licence or help with any aspect of employment or immigration law call the Sponsorship Licence lawyers at OTS Solicitors on 0203 959 9123 or contact us online.