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Table of Contents
What Does a Sponsor Licence Suspension Mean?
When the UK Visas and Immigration (UKVI) has proof to believe that you have breached the rules as a sponsor or are engaged in actions that are against the public good, your licence may be suspended whilst an enquiry is started. During this time, you will not be able to:
- Assign new Certificates of Sponsorship (CoS)
- Sponsor new migrant workers
- Get your pending visa applications approved
All current migrant workers will not face any issues due to the suspension of the sponsor licence. If a worker has already been granted entry as per the CoS before the decision to suspension is taken, they will also be allowed to travel to the UK and work for your business. However, your licence should not be revoked entirely by the time they travel.
Must Read! UK immigration system proposals via white paper released [12 May].
Common Reasons for Sponsor Licence Suspension
The most common causes for the suspension of a licence include:
- The sponsor is not complying with its duties, including keeping records updated, reporting absences, etc.
- Not paying enough salary to migrant workers or not meeting the minimum criteria for the salary thresholds.
- Not maintaining the right-to-work check and allowing illegal employment.
- A poor HR and record-keeping system within the company.
- Not informing legal authorities about the changes in your company, such as acquisitions or mergers with other companies.
- Any unethical findings made regarding the sponsor or the company by the UKVI.
- Any flags of unethical business conduct by legal authorities like HMRC or the SRA.
Employers are considered active participants in the UK’s immigration control, which is why even a slight breach can result in suspension by the UKVI.
Check out our complete Sponsor Licence Guidance.
What if You Ignore the Suspension Notice?
Failing to comply with the orders and respond will be considered a direct refusal of the Home Office process, resulting in your licence being revoked. If you do not reply, UKVI will start the proceedings and inform you of the decision in writing. However, the licence is often revoked because UKVI does not have the basis for consideration to give you the A-rating or a B-rating, so they cancel the licence to give you a chance to appeal and return to duties.
Suspension Is Made: What’s Next?
Your response to the suspension notice will depend on the reason for the licence suspension. For example, if the suspension was applied because you failed to submit documents to UKVI, you must submit quickly, along with an explanation.
However, if your licence was suspended after failing to comply with responsibilities, these must be rectified first and later filed with an explanation to UKVI about the non-compliance issue. Here are some steps you need to perform:
- Act Quickly: You will have 20 working days after the suspension notice to respond and explain. Failure to reply will minimise your chances of getting the suspension lifted.
- Review the Notice: The Home Office notice will outline the reasons for suspension. Read it carefully to identify the issues before replying.
- Take Legal Advice: Reputable companies like Legend Consults help you by reviewing the case and documents, identifying the issues, and creating a strategy to overcome them.
- Keep Documents Ready: All helpful documents must be ready, like employee records, contracts made, salaries given, evidence of HR policies, right-to-work check, and any audit trails of your business.
- Submitting the Representation: The response to UKVI should be free from all errors or inaccurate evidence. It should have a clear plan for how you will follow compliance.
What will UKVI Do After Your Response?
As per your receipt of the response, the Home Office will investigate your reply before making the final decision. It should be noted here that the suspension will remain intact until the decision. After the decision is made, UKVI may:
- Reinstate your licence and give you an A-rating or B-rating. If you decide to reinstate without any action, your suspension will be lifted immediately, and you can start hiring the migrants. If it is reinstated with a B-rating, your organisation will be required to meet the given standards.
- UKVI may keep your licence suspended and start further investigation of the case.
- The Home Office can revoke your licence when you fail to meet the sponsor duties, which is considered serious, such as when you provide false information about employees and they are found working illegally. In this case, UKVI will inform you in writing, and you will not be able to reapply for a sponsor licence for at least 12 months, also known as a cooling-off period.
How to Avoid a Suspension?
First, take preventive measures and ensure you meet sponsor duties and compliance. Following simple key duties can keep you on safe track. Here are some recommended ones:
- Update your SMS records daily and keep up-to-date contact details of the migrants, including their UK residents and telephone numbers.
- Make sure the salaries comply with the visa requirements.
- Do regular right-to-work checks of the employees and keep a trial audit.
- Ensure the HR policies are in place and that procedures are in compliance.
- Carry out internal audits to avoid unethical processes before the organisation is flagged.
Stay updated with the UK immigration rules.
Get Legal Help
If you got your sponsor licence suspended, there are multiple ways to get the ban lifted and start working again. Legend Consults offers the proper support to identify the issues, resolve the suspension, and ensure that your business complies. Talk to our UK immigration lawyer today!
Got your sponsor licence suspended? This means the Home Office has temporarily stopped your ability to sponsor foreign workers. Businesses in the UK, especially those working in construction, technology, and social care, rely on foreign workers. Once you receive the notification about getting the sponsor licence suspended, there is a little window to get this issue resolved unless you don’t want to keep your licenced sponsor status.
When you see a sponsor licence suspended, the Home Office suspects your organisation is facing issues related to compliance with UK immigration rules. So, you must be fully aware of how to respond to prevent licence revocation. This blog will guide sponsors about what to do and the steps to consider after getting their sponsor licence suspended.
