Navigating the complexities of UK immigration law is challenging, particularly for businesses relying on sponsorship licences to employ skilled workers from abroad.
A suspension or revocation of a sponsorship licence can have significant implications for your business. If this happens, your company will be de-listed from the public register of sponsors during the suspension period, during which time you will not be able to sponsor new migrants. In this update, we will explore how to have a sponsorship licence reinstated and offer strategies to avoid such issues in the future.
Understanding Sponsorship Licence Suspension and Revocation
A sponsorship licence can be suspended or revoked for various reasons, ranging from administrative oversights to serious compliance breaches. The Home Office may take such actions if they believe the sponsor is failing to meet their duties, such as:
1. Failing to keep accurate records and documentation.
2. Not reporting significant changes or issues promptly.
3. Non-compliance with immigration laws and policies.
4. Failing to ensure sponsored employees have the right to work in the UK.
It is imperative to note that if the sponsorship licence has been suspended, the status of the existing sponsored employees remains unchanged. If the sponsorship licence has been revoked rather than suspended, the Home Office will curtail the leave of current sponsored employees typically by 60 calendar days. For the latter, there is no right of appeal, and you are prohibited from making a further application for a sponsorship licence until the lapse of 12 months from the date of revocation. While there is no right of appeal, depending upon the merits of your case you may be able to apply for a Judicial Review.
Steps to Reinstate a Sponsorship Licence
If your sponsorship licence has been suspended, immediate action is essential to mitigate the impact on your business. You will be unable to assign any CoS during this period. Here’s a step-by-step guide to help you through the reinstatement process:
1. Review the Notification: The Home Office will send a detailed notice outlining the reasons for suspension or revocation. Understanding these reasons is crucial for addressing the issues effectively.
2. Address Compliance Issues: Take immediate steps to rectify the highlighted compliance issues. This may involve updating records, implementing new procedures, or providing additional training for staff responsible for sponsorship duties.
3. Prepare a Response: For suspensions, you typically have 20 working days to respond. Your response should include:
- A detailed explanation of the steps taken to address the issues.
- Supporting evidence demonstrating compliance.
- Any mitigating circumstances that might have contributed to the breaches.
4. Submit Your Representations: Submit your response to the Home Office within the stipulated timeframe. Ensure that all documentation is clear, concise, and well-organised to facilitate the review process.
5. Await the Decision: After submitting your response, the Home Office will review your case and decide whether to reinstate the licence, maintain the suspension, or revoke it. This process can take several weeks, during which it is vital to maintain compliance.
Avoiding Future Suspensions and Revocations
Preventing future suspensions or revocations requires a proactive approach to compliance. Here are some best practices to ensure your sponsorship duties are consistently met:
1. Implement Policies and Procedures:
- Develop comprehensive policies outlining the responsibilities of key personnel involved in sponsorship duties.
- Regularly review and update these policies to align with changes in immigration laws and Home Office guidance.
- Ensure strict adherence to timelines, for instance, in the case of request for further documentation for an extant sponsor licence renewal application, it must be satisfied within five working days.
2. Regular Training and Audits:
- Conduct regular training sessions for staff to ensure they are aware of their responsibilities and the latest compliance requirements.
- Schedule periodic internal audits to identify and rectify potential compliance issues before they escalate.
3. Maintain Accurate Records:
- Keep meticulous records of all sponsored employees, including their contact details, immigration status, and work start/end dates.
- Ensure all documents are readily accessible and updated in real-time.
- You are legally required to carry out ‘Right to Work’ Checks in pre-employment screening; however these must also be carried out post-employment to ensure your workers lawful status and eligibility to work.
4. Timely Reporting:
- Report any significant changes affecting your sponsored employees, such as changes in job roles, salaries, or employment status, within the required timeframes.
- Notify the Home Office promptly of any issues or discrepancies.
5. Seek Professional Advice:
- Engage with immigration law experts to guide you through the complexities of sponsorship compliance.
- Consider regular consultations to stay updated on policy changes and best practices.
A suspension or revocation of your sponsorship licence can be a daunting experience, but with prompt action and a commitment to compliance, it is possible to have your licence reinstated. By understanding the reasons behind such actions and implementing stringent compliance measures, you can safeguard your business against future risks.
At Gherson, we offer comprehensive support to businesses navigating sponsorship licence issues. Contact us today for advice and assistance in maintaining your sponsorship compliance and securing your workforce’s future.
How Gherson can assist
Gherson’s Immigration Team are highly experienced in offering comprehensive support to businesses navigating sponsorship licence issues. If you have any questions arising from this blog, please do not hesitate to contact us for advice, or send us an e-mail. Don’t forget to follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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