The sponsor license scheme enables eligible UK businesses to recruit talent from outside the European Economic Area (EEA). Sponsor license holders are required to remain compliant at all times with the requirements of the Home Office in order to keep their license. Failure to do so may risk revocation or suspension of the license, or downgrading of your company’s sponsorship rating. As a London based law firm, our immigration team has helped many businesses of all types and sizes to have a decision by the Home Office to suspend or revoke their license overturned or reversed.
AQ Archers can help your business to:
- put in place systems required by the Home Office, including a compliant HR system
- train you on the use of the Home Office’s Sponsorship Management System (SMS)
- show you how to carry out Resident Labour Market Tests (RLMT)
- act in the role of key users on your behalf
- prove the genuineness of your vacancies
- pass random Home Office compliance visits
- have a decision to revoke, suspend, or downgrade reversed
Why may the Home Office suspend or revoke a sponsor license?
The Home Office may decide to suspend or revoke a sponsor license following a compliance visit, if they have reason to believe:
- you are not meeting your sponsorship obligations – including not recording key information regarding those you are sponsoring, and not reporting information back to the Home Office
- you do not have the necessary HR systems and procedures in place to meet your sponsorship obligations
- you or your activities pose a threat to immigration control
- migrants are not complying with the conditions of their leave to stay in the UK
- you no longer have a trading presence
- sponsored Tier 2 or 5 migrants were not recruited to fill genuine vacancies
- the information you provided on your sponsor licence application was inaccurate
- you are not complying with your obligations to prevent illegal working
What is the difference between suspension and revocation?
Suspension means that your sponsored employees will be able to continue working, however, your business will not be able to issue any new Certificates of Sponsorship (CoS). The Home Office will also remove your business from the register of sponsors during the period of suspension.
If the Home Office is not satisfied that any problems which led to the suspension have been resolved, they may revoke your license completely. Or it may be that the Home Office compliance officer immediately revokes your license.
If your license is revoked you will no longer be able to recruit staff from outside of the EEA and those staff you have hired may have their leave curtailed (i.e. the expiry date of their visa will be reduced and they will be required to leave the UK within 60 days).
How can AQ Archers help you with Sponsor License revocation or suspension?
We understand that receiving a letter of revocation or suspension can be deeply unsettling and worrying for your organisation and sponsored employees. Our team will work tirelessly to build and then present the strongest possible case to the Home Office to have your license status reestablished.
If you have received a letter of suspension or revocation, you will have 20 working days to challenge the decision. AQ Archers can handle all aspects of bringing this challenge, including drafting the written response and compiling evidence and documentation which responds to any concerns outlined in the suspension letter. Our team understands that overturning a decision successfully depends, to a large extent, on the quality of evidence gathered and submitted to the Home Office.
If you require support and guidance following a license revocation or suspension, or to discuss your case on a no-obligation basis, please speak to a member of our team today.