Sponsor Licence Suspension
The Home Office may suspend an organisation’s sponsor licence whilst making further enquiries, if they suspect any breach of sponsor duties and/or if the organisation pose a threat to immigration control.
Impact of Sponsor Licence suspension
Suspension of Tier 2 licence can have devastating consequences for an organisation and should not be taken lightly. The organisation will not be able to sponsor new migrants and will be temporarily removed from the public register of sponsors during the period of suspension. The current migrant workers under sponsorship will be able to work during the suspension period.
The common reasons for suspension include failing to adhere to the Resident Labour Market Test requirements, Employees working on job description as not stated in their CoS, Not paying the right salary or making variations without meeting reporting obligations, failing to keep proper HR and Recruitment records, Unable to monitor employees working efficiently etc.
The sponsored organisations will normally be given a notice of formal suspension, giving them 20 working days to provide a response to review the decision; after which the Home Office will revoke the sponsor licence.
It will be important to address the reasons given by the Home Office for the suspension and is advisable to get an expert Immigration lawyer involved at this stage to determine whether there is a factual error in these grounds or whether it is something that can be challenged with supporting evidence.The Home Office will make a final decision; whether to revoke or reinstate the licence based on this written response, as such it is important that all mitigating arguments are clearly set out.
How can we assist?
Our Immigration lawyers at City Legal have immense experience in assisting small businesses and multinational companies in sponsor licence matters including new applications, dealing with suspensions and revocations, HR & Compliance audits with action plans and training, sponsoring migrant workers as well as dealing with day to day sponsor licence obligations. City Legal brings substantial experience in advising companies facing sponsor licence suspension & have previously assisted companies in various sectors including IT, Care, Management etc.
We can help the organisation by offering the below guidance and assistance:
We have the privilege of working with some of the most well-known companies in the world. We are a multi award winning law firm and pride ourselves in being approachable, innovative and always going that extra mile to make sure our clients receive the individual attention they deserve. Our Immigration team maintains a high reputation and is committed to provide clear, transparent and reliable advice to our clients.
Frequently Asked Questions
It is imperative that licence holders understand sponsor duties and responsibilities because if compliance is not met, the Home Office can suspend or even revoke your Sponsor Licence.
The Home Office takes the view that as employers benefit directly from sponsorship, they must play their part in ensuring the system is not abused.