Your sponsor licence is not just a document, it's a gateway for employers like you to employ skilled migrant workers in the UK. However, this opportunity is not without its risks. Sponsor licence suspensions are increasingly common, and the UK Visas and Immigration (UKVI) can suspend a sponsor licence if they have concerns about sponsor duties. Employers who threaten immigration control can face mandatory revocation at any given time.
On most occasions, the UKVI will issue in writing the reasons for a sponsor licence suspension. As an employer, you have adequate chances to respond and question the suspension notice. A sponsor licence (a Tier 2 Sponsorship) can also be revoked if the UKVI considers a breach in sponsor compliance.
If there is a discretionary reason behind the revocation, the Home Office suspends the licence and enables you to respond to concerns raised before a complete suspension. In the event of a complete revocation, you cannot apply for a new licence until 12 months from the date of the revocation letter.
If you face the initial sponsor licence suspension, expect to receive an intimation or an official notification directly from the Home Office detailing the reasons for it. You must review your internal processes within the organization to address the identified issues.
As an employer, you must offer evidence of corrective action and actively engage with the Home Office to potentially have the suspension lifted.
From the day the letter of suspension is issued, you must show mandatory haste in addressing concerns as employees and migrant workers under your employment may be asked to leave the UK within a given time frame. New employees cannot be sponsored in the UK nor can existing ones be retained under a suspension.
When is an Initial Sponsor Licence Suspension Letter Issued?
Usually, you are given 20 working days from the date of issue of the sponsor licence suspension letter to address concerns raised by the Home Office. Reinstating the sponsor licence is vital as the jobs of migrant workers in your organization depend on it. Not meeting the right-to-work check requirements may not be in the interest of both employer and employee.
If you fail to monitor migrant attendance and there are absences with non-payment of appropriate salaries, sponsor licence suspension becomes a harsh reality. You might also receive a suspension letter if you do not keep the historical contact details of sponsored migrants. Not highlighting actual vacancies in the organization may also result in the Home Office issuing a suspension letter to the sponsor.
When do you Face Complete Sponsor Licence Revocation?
As a sponsor, you may lose your licence completely if you do not address concerns raised by the Home Office at the suspension stage. A complete licence revocation would mean existing sponsored migrants leaving the country along with no new overseas skilled staff sponsorships.
If you lose your licence, there is a cooling off period of 12 months before you can reapply for a sponsor licence. It is therefore very important that you reinstate the sponsor licence by addressing concerns and seeking comprehensive legal representation after suspension.
Here's how.
8 Steps for Employers when a Sponsor Licence Suspension Letter is Issued
Review the suspension letter.
You must carefully analyse the reasons underlined by the UKVI cited for the suspension of your sponsor licence. Focussing on those areas of sponsorship practices that need immediate attention is critical.
Consult an Immigration Lawyer of Repute
Seeking expert counselling from a solicitor specializing in UK immigration law is mandatory. Guiding you through the process is necessary to ensure that you fully comply with Home Office mandates.
Conduct an Internal Audit and offer a Corrective Action Plan.
You need to conduct a thorough review of all your existing sponsorship processes. This includes a quick and comprehensive study of record-keeping, job suitability assessments, and compliance with relevant regulations to develop a detailed action plan to mend the identified issues.
Clear Communication with Affected Employees
You need to inform sponsored workers in your organization about the suspension and explain the potential implications for their employment status in the UK. You must show a proactive approach to resolve the sponsor licence suspension and consider employee interest.
Offer Clear Response to Home Office
After you receive the sponsor licence suspension notice, you need to submit a detailed response that outlines the steps you are undertaking to address the concerns raised. You also need to provide evidence that corrective actions have been implemented.
Monitor the Achieved Progress and Update Regularly
You have to constantly engage with the Home Office and provide regular updates on your progress when addressing suspension reasons. You need to show maximum commitment to compliance and demonstrate that you have been seriously involved in the process of amending broken rules.
Fully Cooperate with the Home Office
As an employer, you have no option but to cooperate with authorities to respond to concerns within the given time frame. You must be responsive to existing workers and current sponsored employees while working to reinstate their sponsor licence. You also need to know that new migrant workers cannot be sponsored during the suspension period.
Implement Corrective Actions Diligently
Making necessary changes to internal processes and policies is mandatory to address identified compliance bottlenecks. You need to carry out staff training on proper sponsorship practices.
Potential Consequences of Not Addressing a Sponsor Licence Suspension
During the sponsor licence suspension stage, the Home Office expects employers like you to rectify the issues and address concerns. Failure to do so may lead to complete revocation rendering you unable to sponsor licences to new employees. This also potentially impacts the immigration status of present workers. Existing sponsored workers may be asked to leave the UK thereby creating a resource crunch.
Many existing sponsored employees may also seek a new sponsor in the UK, leading to a mass exodus of resources. A revoked sponsor licence would also negatively impact the company's reputation and hamper your ability to attract skilled workers in the future.
Taking corrective action at the sponsor licence suspension stage may lead to the Home Office reinstating the licence after reviewing the employer's response. This will reinstate confidence in you as a sponsor and restore your reputation as a reliable employer in the market.
