What happens if my sponsor licence gets suspended?

Certain circumstances can lead to the Home Office suspending your sponsor licence, normally as a form of disciplinary action for non-compliance with your sponsor duties.

Many UK businesses are holding a UK sponsor licence that enables them to sponsor non-UK/Irish nationals. If your sponsor licence gets suspended, it can have significant implications on your ability to recruit and/or continue to employ overseas workers. 

What is a sponsor licence suspension?

If your sponsor licence gets suspended, you will not be able to sponsor any new workers to come to the UK, and many employees you already employ will have their visas cancelled. They will have to leave the UK within 60 days or find a new sponsor, who can provide them with a new work permit. This can cause significant problems for your business, especially if you rely on skilled foreign workers to fill key roles.

Why might it happen?

The suspension can occur if the Home Office identifies any issues with your sponsorship activities. This could be due to a failure to comply with the rules and regulations surrounding sponsor licences, such as not maintaining accurate records, undertaking incorrect right-to-work checks, or failing to report changes to the business or an employee’s work situation.

The Home Office frequently makes compliance visits to the premises registered on the licence. A newer way to undertake these compliance audits is via a virtual call, during which the Home Office determines whether or not the business meets the appropriate sponsor duties.

How to remedy it?

If your licence is suspended, the Home Office will notify you in writing and explain the reasons for the suspension. To lift the suspension, you will need to work with the Home Office to address the issues identified. This may involve providing additional documentation, rectifying any mistakes in your records, or amending or changing your processes and systems. Additionally, you may choose to challenge the suspension, if you feel that the Home Office has acted incorrectly.

It is important to act quickly if your sponsor licence is suspended, as the longer the suspension remains in place, the more damage it can do to your business. Ensure you engage with the Home Office, understand the deadlines they require you to meet, and how to meet them. Remember that a failure to respond or provide adequate evidence to the Home Office could result in the licence being downgraded or cancelled altogether.

We strongly recommend seeking legal advice to help you navigate the process and comply with all the relevant regulations to get your sponsor licence back on track. The best way to avoid this situation is to ensure that you are at all times aware of the sponsor duties you have to meet and have processes and systems in place to meet them.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, 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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