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Tier 2 Sponsorship licence Revocation - Suspension
The procedure to obtain a sponsorship licence is extremely lengthy due to the Home Office guidance which specifies the requirements as well as the duties to be satisfied by the Sponsor before a sponsorship licence is issued. As such, the procedure to obtain a licence can at times be confusing and tedious.
Once a sponsorship licence is obtained it is very important that the licence is not revoked or suspended as this will have an extremely negative impact, not only on the business but also for the employees who rely on Sponsorship from their employer.
The Home Office are regularly updating their requirements and guidance notes so businesses must remain up to date with the current law relating to sponsorship licences. If the Home Office are not satisfied that a business has competently complied with the requirements and duties of Sponsor, the Home Office has the option of either suspending or revoking the sponsorship licence.
In what circumstances will my sponsorship licence be revoked
There are many circumstances that can result in the revocation of a sponsorship licence however, the most common reasons are discussed below:
Following the grant of a Sponsorship Licence, if the Home Office discover 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
The business failed to undertake the right to work checks correctly in accordance with Home Office guidelines
If the Home Office discover that that a business employed a non-EEA national 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, 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 or a business incorrectly submits that the role was exempt from the resident labour market test when the exemption was not applicable
If a sponsorship licence is revoked, there is no right to appeal the decision. The Home Office will immediately curtail Leave to Remain for the migrant workers on a Tier 2 or 5 visa 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 or alternatively, they will face removal from the UK if they have not departed within the given timeframe.
In what circumstances will my sponsorship licence be suspended?
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 change 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 cause of action is to suspend a sponsorship licence, then they will notify the Sponsor providing 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.
How we can assist
It is evident that acquiring and continuing to hold a sponsorship licence can be difficult and as such, it is always better to instruct experts in the field who can guide you through the requirements as well as explain the Sponsor duties to you concisely and in detail. At OTS Solicitors, we have specialist solicitors who have dealt with various business immigration matters for both individuals and large businesses for several years.
If our advice and guidance is followed from the initial stages of applying for a licence, then there is no reason why you should be facing a suspension or revocation of your licence. However, should you find your business in these circumstances, we will assist your business in confidentially refuting the decision and even possibly submitting a Judicial Review.
Please contact us on 0203 959 9123 and our team will be happy to assist you.