Sponsorship Licence Revocation
If your UK sponsor licence for foreign workers has been revoked, it can have very serious consequences for your business. You will be unable to issue new Certificates of Sponsorship, leaving you unable to recruit overseas talent. You could also face serious harm to your reputation.
The good news is that it is often possible to have a sponsor licence restored with the right support. At OTS Solicitors, we have a very high success rate in helping businesses to secure the restoration of licences that have been revoked. We can also advise on a suspended licence.
To talk to one of our award-winning immigration solicitors if your sponsorship licence has been revoked, please contact us on 0203 959 9123 to make an appointment.
Our sponsorship licence experts can assist with:
- Clear advice on the reason for the revocation and your options
- Addressing any sponsor licence compliance issues in your organisation
- Negotiating a licence downgrade as an alternative to revocation
- Appealing the revocation of your sponsorship licence with a judicial review
Drawing on our many years of experience dealing with the UK sponsor licensing regime, our team can give you the best chance of restoring your licence and minimising any negative impact on your organisation.
Have a question about sponsorship licence revocation? Take a look at our answers to questions we have been asked about sponsorship licence revocation, or feel free to ask our immigration lawyers a question.
Speak to our sponsor licence lawyers in London now
We can discuss how we can assist your organisation with sponsor licence revocation at our offices, over the phone or online via Web Conferencing such as Zoom, Microsoft Teams, Cisco WebEx or Skype.
Our sponsor licence revocation services
Advice on the reason for the revocation and your options
We can review the reasons given by the Home Office for the revocation of your licence and what you need to do next. Our experts can assist with challenging the grounds for the revocation, as well as advise on remedying any compliance breaches to give you the best chance of having your licence restored.
Addressing sponsor licence compliance issues
We offer a specialist sponsor licence audit and compliance service. This can identify any compliance issues and assist your organisation with addressing any issues raised by the Home Office. If you have had your licence suspended or revoked, this can be a fast, effective way to see it restored.
Negotiating a licence downgrade as an alternative to revocation
Depending on the nature of the compliance issues, it may be possible to negotiate with the Home Office to have your sponsor licence downgraded to a B-rating rather than having your licence revoked outright. This would allow you to continue issuing Certificates of Sponsorship to existing employees while you work on addressing compliance issues and applying to have your A-rating restored.
Appealing the revocation of your sponsorship licence
If you believe the reasons for the Home Office revoking your sponsor licence are unjust, it may be possible to appeal the decision. We are experienced in guiding organisations through this process, including applications for a judicial review.
Sponsorship licence revocation explained
Why are sponsor licences revoked?
Once a sponsorship licence has been granted, it is essential to maintain compliance with the Home Office requirements. This can be quite demanding, and the Home Office are regularly updating its requirements and guidance notes. Businesses must remain up to date with the current law relating to sponsorship licences. It can be very easy to fall behind, end up breaching the requirements unwittingly and see your licence revoked.
Sponsor licence revocation most commonly happens after a Home Office compliance visit. If the Home Office are not satisfied that a business has competently complied with the requirements and duties of a sponsor, it has the option of either suspending or revoking the sponsorship licence.
Common reasons a sponsor licence may be revoked include where the Home Office has concerns about your organisation:
- Resident Labour Market Tests (RLMT)
- Record keeping
- Recruitment practices
- HR policies and procedures
You can read more about common reasons for a sponsor licence to be revoked below.
What is the difference between a suspended or revoked sponsor licence?
The Home Office has three options if it has concerns about sponsor licence compliance within an organisation:
- Downgrade the sponsor licence – Your licence will be downgraded from an A-rating to a B-rating. You will not be able to issue Certificates of Sponsorship to new employees but will still be able to issue Certificates to existing employees who need to extend their stay in the UK.
- Suspend the sponsor licence – You will have your licence suspended temporarily while the Home Office investigates further. This may happen where there are concerns about compliance, but clear grounds for revocation have not yet been established. You will not be able to issue new Certificates of Sponsorship to new or existing employees with a suspended licence.
- Revoke the sponsor licence – Your licence will be removed immediately, and you will no longer be able to issue Certificates of Sponsorship to new or existing employees. This will happen if the Home Office finds clear evidence that you have breached your sponsor licence compliance obligations.
Whether your licence will be downgraded, suspended or revoked will depend on the circumstances. Early advice from specialist sponsor licensing lawyers can give you the best chance of retaining your licence or seeing it restored if it has already been suspended or revoked.
What are the common reasons for a sponsor licence to be revoked?
There are many circumstances that can result in the revocation of a sponsorship licence. The most common reasons are discussed below:
- Following the grant of a sponsorship licence, if the Home Office discovered that the sponsor provided false information for the initial application and/or for the renewal application and if they further find that the sponsorship licence would not have been granted had the Home Office been provided with the correct and true information, then the sponsorship licence will be revoked.
- If a business is found to have employed illegal workers
- If the business failed to undertake the right to work checks correctly in accordance with Home Office guidelines
- If the Home Office discovered that a business employed a migrant worker 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
- In relation to the Certificate of Sponsorship (CoS), if:
- The business supplied incorrect information on the CoS, including salary, a CoS is used to fill a vacancy for a role not mentioned on the CoS
- The business incorrectly submits that the role was exempt from the Resident Labour Market Test when the exemption was not applicable
If you have had your sponsorship licence revoked, there is no right to appeal the decision. The Home Office will immediately curtail leave to remain for the migrant workers who are found to have knowingly partaken in the circumstances listed above.
For the migrant workers who were not involved, their leave will be shortened to 60 calendar days, and they will be expected to depart the UK once the 60 calendar days expire. Alternatively, they will face removal from the UK if they have not departed within the given timeframe.
What are the common reasons for a sponsor licence to be suspended?
Generally, if a business does not constitute a serious threat to immigration, the Home Office will seek to suspend the sponsorship licence until further investigations are undertaken.
Examples of issues that might see a sponsor licence suspended include:
- The business fails to comply with its sponsor duties
- The business continuously fails to comply with requirements
- Failure to keep all records updated and failing to report changes in circumstances to the Home Office
- Employers paying their migrant workers in cash
- Failure to competently undertake the Resident Labour Market Test
Should the Home Office conclude that the best course of action is to suspend a sponsorship licence, then they will notify the sponsor, providing a written reason for the suspension. The sponsor has 20 working days to respond to the decision, following which the Home Office will consider your reasons and grounds for refuting the decision.
I have received a sponsor licence revocation letter, what should I do now?
If your sponsor licence has been revoked, it is important not to panic. You should speak to a specialist sponsor licensing lawyer as soon as possible. They will then be able to guide you through the following steps that your organisation will need to take.
- Contact the Home Office to acknowledge receipt of the letter – This helps to show that you are engaging with the process and are taking the matter seriously.
- Assess the grounds for revocation – You need to get a clear picture of the reasons your licence has been revoked and whether you think the grounds stated by the Home Office match the reality of your organisation’s processes. A legal expert can help you determine whether the Home Office allegations are fair or whether there are points you should dispute.
- Decide on your response – If you do not accept the Home Office grounds for the revocation of your licence, you can choose to dispute the reasons for the revocation. If you accept the grounds, then you will need to look at your options for addressing any compliance issues so you can apply to have your licence reinstated.
- Build your case – Whichever response you choose to make, you will need to gather evidence to either refute the reasons for the revocation or to demonstrate that any compliance issues have been remedied.
- Submit your response to the Home Office – Detailing your position and including all relevant evidence that you have collected.
- Wait for the Home Office’s response – You should receive this a maximum of 20 working days after submitting your response.
If your sponsor licence is restored, then it is important to seek expert advice on how to maintain compliance and avoid further issues. If your sponsor licence is not restored, our experts can advise you on your options.
Why choose OTS Solicitors to assist with sponsorship licence recovation?
Key reasons to choose our team for sponsorship licence revocation advice include:
- We have a very high success rate for our clients, including for sponsor licence revocation
- We hold the highest Law Society Accreditation award in Immigration Law
- We have been consistently ranked as leading immigration experts by respected client guides, the Legal 500 and Chambers & Partners
- Head of Department Teni Shahiean is a Legal 500 recommended Immigration Lawyer
- Managing Partner Oshin Shahiean is a Law Society accredited Immigration Supervisor and accredited Senior Level 2 Immigration Advisor OISC Level 3
- Senior Immigration Consultant Paul Gulbenkian is a former Immigration Tribunal Judge and Crown Court Recorder, a founder member of the Immigration Law Practitioners’ Association (ILPA) and President of the European Immigration Lawyers Group
- Our team has over 85 years of combined experience and knowledge covering all areas of immigration law
Your case and the outcome of your application really matter to our team. We personally invest in our clients because we know how much your business means to you.
We are committed to keeping things as simple, smooth and seamless as possible for you. You will work directly with an experienced immigration lawyer, and we will always be available to answer any questions you may have.
You can read more about our expertise and exceptional personal service on our main business immigration service page.
Speak to our sponsorship licence lawyers in London now
We can discuss how we can assist your organisation with sponsor licence revocation or a suspended licence at our offices, over the phone or online via Web Conferencing such as Zoom, Microsoft Teams, Cisco WebEx or Skype.
Your Questions and our answers about Sponsorship Licence Revocation
Thank you for your enquiry. We would recommend that you contact us directly on 02039 599123 in order for us to advise you on your particular circumstances.
Thanks for the enquiry. please contact our office to book an initial appointment on 02039599123 to discuss the options you may have.
Dear Sir, you cannot continue working for your sponsor if there licence has been revoked. You can only continue working for your sponsor if their licence has been suspended until a formal decision is made to revoke their licence. You must cease working effective immediately. Should you require any further advice on this matter, a member of OTS Solicitors shall be in contact shortly.
Thank You for your enquiry.
Without knowing the details of the suspension, it is not possible to comment how long it will take the Home Office to come back to them.
If the licence is revoked, the pending Tier 2 applications will be refused and the migrants will be issued with letters informing them they should leave the country.
We will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consult with our Immigration Solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our contact form.
We look forward to hearing back from you soon.