Sponsor Licence Revocations – Morgan Smith Immigration

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What is Sponsor Licence revocation?
What happens if a company’s sponsor licence is revoked?
What causes the revocation of a Sponsor Licence?
Can the Sponsor Licence revocation be appealed?
What happens during the Cooling off period for a Sponsor?
What happens to employees under Sponsorship if the Licence if revoked?
How long does you have to respond to the Home Office after receiving revocation letter?
Will the company remain on the Register of Sponsor after being revoked by the Home Office?
What to do if you receive a Sponsor Licence revocation letter?
How can Morgan Smith Immigration help with the revocation?

What is Sponsor Licence revocation?

Sponsors are required to fulfil certain duties throughout the period of their licence’s validity. If the Home office believes that a sponsor has breached their duties or that they pose a threat to immigration control, they may revoke your sponsor licence.

What happens if a company’s sponsor licence is revoked?

If a sponsor licence is revoked, any migrants the company sponsors will have their leave curtailed. They will be given 60 days to find alternative sponsorship or leave the United Kingdom. If they have less than 60 days to run on their visa it will not be curtailed, but they must find alternative sponsorship or leave the UK before it expires.

What causes the revocation of a Sponsor Licence?

Reasons for revoking a sponsor licence include:

– Having given false information when making the Sponsor Licence Application
– Employing a migrant in a job that does not meet the skill level requirements,
– Using a CoS to fill a vacancy other than the one specified on the CoS assigned for that role.

Human resource policy failures are a common reason for revocation.

Can the Sponsor Licence revocation be appealed?

There is no right of appeal against a decision to revoke a sponsor licence and companies will not be allowed to apply for a sponsor licence again after the appropriate cooling off period of 12 -months or more from the date their licence is revoked.

What happens during the Cooling off period for a Sponsor?

During the cooling off period, your sponsor licence is revoked, and you can’t apply for a new sponsor licence until the cooling off period is over. That means you can’t do any of the things you could normally do with a sponsor licence, like hire workers who need a sponsoring employer or keep hiring foreign workers who are sponsored under a certificate of sponsorship.

What happens to employees under Sponsorship if the Licence if revoked?

The revocation of the licence will have a severe effect on the sponsored candidate and will have to face the following challenges:

– The Sponsored Employees certificate of sponsorship will be cancelled
– The sponsored employees visa will be curtailed by the Home Office
– The visa will be curtailed to 60 days or however long is left on their visa, whichever is less
– The Sponsored workers will have to find a new Sponsor during the 60 days else they will have to leave the UK to avoid overstaying
– If the sponsored workers have options to switch to another category of the visas they can switch in country as long as they meet the suitability and eligibility criteria

How long does you have to respond to the Home Office after receiving revocation letter?

A business will have 20 days to respond back to the Home Office if you believe the reasons for the revocation are unjust. Although the Home Office must have found a serious breach in the Compliance requirements that led to the revocation of the licence.

Will the company remain on the Register of Sponsor after being revoked by the Home Office?

No, once a company is officially revoked by the Home Office, accompanied by the revocation letter. The business will be removed from the Register of Sponsors.

What to do if you receive a Sponsor Licence revocation letter?

It is important that any business receiving a revocation letter must follow the following steps:

– Acknowledge receipt of the revocation letter
– Review and understand the grounds for revocation
– Structure a response by addressing the allegations
– Gather evidence to support your response
– Provide evidence of solutions implemented with proof
– Submit all the above before the deadline as per the letter
– Wait 20 working days for the Home Office decision.

How can Morgan Smith Immigration help with the revocation?

Our experienced lawyers will review your revocation from the Home Office and implement a strategic plan to propose a new solution, ensuring that your company complies with the compliance requirements to prevent future revocations.

Contact our lawyers so we can simplify the letter of revocation and explain the reasons the Home Office may have cited for revoking the licence.

Have worries about your Sponsorship Licence?

Our award-winning Lawyers will be happy to assess your business to run a mock audit on your business to make sure you are compliant with the Home Office guidelines.

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