Sponsor Licence Revoked US
Sponsoring migrant workers from the US comes with many advantages. However, the Home Office has strict rules when it comes to hiring overseas workers, or your licence could be revoked.
Is your company’s sponsorship licence being revoked due to a serious or systematic breach? Contact our expert team of immigration lawyers with years of experience in assisting Sponsor Licence holders with handling Home Office affairs on +1 844 290 6312.
Introduction to Sponsor Licence Revocation in the US
Sponsor Licence revocations can have serious consequences for an organisation that can lead to long-term reputational damage, including an impact on sponsored workers. A revoked Sponsor Licence can lead to the loss of sponsored workers’ visas and potential job loss, as well as financial and legal damages.
If a sponsoring organisation has its licence revoked due to noncompliance with sponsorship duties, it will not be able to appeal but can apply for judicial review if no serious breaches have been made. All sponsored workers employed will have their leave curtailed to a maximum of 60 days.
The organisation will receive written notification of the Home Office’s revocation decision. If your organisation has received a letter of suspension, you will need to respond to the letter and act fast to avoid Sponsor Licence revocation and having to apply for a new licence.
Page Contents
- Introduction to Sponsor Licence Revocation in the US
- Understanding the Consequences of Sponsor Licence Revocation in the US
- What Happens if Your Sponsor’s Licence is Suspended?
- Impact of Sponsor Licence Suspension on Sponsored Workers’ Visas
- Common Reasons for Worker Sponsor Licence Suspension or Revocation
- How Sponsor Licence Revocation Affects Your Organisation
- Legal Services and Assistance for Sponsor Licence Revocation Cases
- FAQs
Understanding the Consequences of Sponsor Licence Revocation in the US
UK Sponsor Licence holders must have an understanding of their sponsor duties and the legal responsibilities that come with employing workers from the US, to avoid any damaging consequences from failure to meet UK immigration rules.
Failure to meet those legal obligations can have an impact on the Sponsor Licence holder, sponsored foreign workers, and the sponsoring organisation. It can result in criminal and civil penalties, and sponsored workers hired by the organisation will need to return to the US, or find alternative employment or sponsorship.
The specified civil penalty imposed on an organisation through Sponsor Licence revocation will depend on the organisation’s individual circumstances.
What Happens if Your Sponsor's Licence is Suspended?
If the Home Office believes that your organisation has breached its sponsorship duties and immigration compliance responsibilities, then it can decide to suspend your sponsorship licence.
When a sponsor has their sponsorship licence suspended, they will not be able to sponsor new overseas workers, and their organisation will be removed from the public register of sponsors for the period that their licence is suspended. Sponsored overseas workers already employed by their organisation will not be affected.
The Home Office has the decision to reinstate the licence or revoke it. This decision is impacted by how the organisation and licence holder respond to their decision.
Impact of Sponsor Licence Suspension on Sponsored Workers' Visas
When a sponsor has their license suspended, it doesn’t affect the status of the migrant employees currently employed by that organisation. It will only affect their status if the Home Office decides to have the Sponsor Licence holder’s licence revoked.
The Sponsor Licence holder will have 20 days to respond to a Sponsor Licence suspension letter in most cases. Failure to do so may end in your Sponsor Licence being revoked.
Common Reasons for Worker Sponsor Licence Suspension or Revocation
If immigration rules outlined by the Home Office are breached, it may lead to a licence downgrade or the sponsoring organisation’s licence being suspended or revoked. Some reasons why a sponsoring organisation may get its licence suspended or revoked include:
- Illegally employing workers without a Sponsor Licence
- Having an insufficient HR system and policy in place
- Failure to cooperate during Home Office compliance visits (includes both physical and online)
- If your organisation’s details are shown to be inaccurate, or there is false information on your CoS management system
- Failure to report changes to your workers’ circumstances through the Cos management system (such as job role and change of business premises address)
- Inadequate record-keeping (job descriptions, contact details, contracts, proof of recruitment)
- Failure to pay employees as specified by the CoS guidance
- If the Home Office has concerns about the vacancy your organisation is planning to/currently sponsoring
How Sponsor Licence Revocation Affects Your Organisation
Sponsor Licence revocations can be extremely damaging to an organisation. Once your Sponsor Licence has been revoked, your company’s access to overseas talent will be completely shut off.
Once a Sponsor Licence has been revoked, there is a cooling off period of typically 12 months before you can make a new Sponsor Licence application, which means that you will not be able to hire or sponsor skilled overseas workers in all sponsorship categories during that time.
Revocation of a Sponsor Licence can impact an organisation in the following ways:
- Once a licence is revoked, you will not be able to recruit new overseas talent or issue certificates of sponsorship to new foreign, or currently employed overseas workers in your organisation
- You will not be able to apply for a new licence until an appropriate cooling-off period (typically 12 months
- Your organisation’s reputation may suffer
Legal Services and Assistance for Sponsor Licence Revocation Cases
Has your organisation received a revocation letter? With the right legal assistance from an experienced immigration lawyer, it is possible to have a Sponsor Licence restored or apply for a judicial review. At IAS, we offer support for Sponsor Licence holders who have had their licence suspended or revoked.
If your company has received formal notification that your Sponsor Licence is being revoked or suspended, our dedicated team of in-house solicitors will take you through the necessary steps to restore your licence and Sponsor Licence application renewal, as well as provide information on judicial review proceedings, compliance breaches, and how to improve poor record keeping.
If you require legal assistance on sponsorship licence revocation or want to further discuss any issues raised, contact us today at Immigration Advice Service for advice and guidance on all matters regarding sponsorship, immigration control, and illegal workers, on +1 844 290 6312.
Legal Disclaimer
The information provided is for general informational purposes only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Immigration Advice Service before making any decisions based on the content provided.
Last modified on February 22nd, 2025 at 3:24 am
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FAQs
If a Sponsor Licence has expired, migrant workers hired by worker and temporary worker sponsors will no longer be lawfully employed, which may affect their immigration status. You will need to apply for sponsorship renewal before your previous licence expires.
Sponsor Licences are valid for 4 years, but as of April 6, 2024, licences expiring on or after April 6, 2024 are automatically extended by ten years and will remain valid unless revoked or surrendered.
If a certificate of sponsorship is not used by the sponsor applicant migrant worker, it will expire after a period of 3 months of their employer assigning it to them.
