USA and the UK
A Sponsorship License holder who does not follow their duties outlined by the Home Office risks a Sponsor License revocation.
Having a Sponsor License revoked means that a company will not be able to hire any further migrant talent. They would also lose the right to employ any of their current migrant staff. It may also result in a loss of credibility or reputation for any business.
How can IAS help?
Our expert immigration attorneys offer a range of services to help those who have their Sponsor License revoked. We can liaise with the Home Office, determine the grounds for the revocation and use this to assess possible options.
Our lawyers are also fully qualified to act as representatives if an appeal is taken before a tribunal. We offer a fast, reliable and comprehensive support service for all businesses and employees who may be affected. Contact us on +1844 290 6312 today or use our online inquiry form to speak to an experienced immigration lawyer.
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To be eligible to begin a Tier 5 or Tier 2 Sponsor application, a business must:
- Prove that they are a legitimate business;
- Prove a non-EEA skilled worker is required for this specific job;
- Ensure their sponsored employee passes a personality test;
- Not have a history of failing to meet sponsorship duties;
- Not have any unspent criminal convictions;
- Pay an appropriate salary rate to their migrant employees.
The Home Office will expect proof that the business is genuine and has a legitimate need for an overseas worker. They may intend to validate this through a visit to the company during the application process.
A Sponsor License revocation can be of serious detriment to a business. It will result in the loss of all current migrant workers and the inability to hire any more. It will also seriously affect the reputation of any business.
There is also the risk of large fines and a civil penalty.
Employees with a Tier 2 Visa are required to find a new employer who can sponsor Tier 2 applications within 60 if a Sponsor License is revoked.
Without a Sponsor License, businesses are unable to legally hire any foreign workers from outside the EEA/Switzerland.
A letter from the Home Office should be responded to immediately. The response deadline must be followed, only in the rarest of cases are the deadlines extended. Cooperating with the Home Office in this process can work in your favor.
The first step after receiving a Sponsor License revocation is to find out the grounds for the revocation by the Home Office. This will usually feature in the revocation letter.
The next step should be a meeting between management and personnel involved in the alleged breach. This will allow you to address the breach and start to resolve it.
There may be a chance to appeal this decision. To do so, information regarding the breach will need to be collated. If there is any difficulty in obtaining the necessary documents, this will impact the appeal dramatically. Our services can assist in gathering the necessary evidence.
The evidence and information should relate to the breach and the detriment revocation will have due to loss of Tier 2 employees.
The team at IAS is made up of experienced immigration lawyers with a wealth of understanding in all immigration matters. Our lawyers are able to advise companies on the best strategy to follow after having their Sponsor License revoked. We are also able to support Tier 2 employees in making a new application for a Work Permit if their employer has had their Sponsor License revoked.
With our Appeal Package, we will:
- Investigate the grounds of the alleged breach;
- Liaise with the Home Office on behalf of the company;
- Address any issues with records in HR;
- Identify and resolve any areas of non-compliance with sponsorship duties;
- Ensure the business is prepared for any Home Office visits;
- Pursue the right to appeal the decision;
- Provide legal representation If the appeal is taken before a tribunal.
More information on our services for Tier 2 employees.
If your UK business has had their Sponsorship License revoked, or you want to avoid one, get in touch today using our online contact form, or call +1844 290 6312 to discuss your options.