USA and the UK
A Sponsorship License holder who does not uphold their duties risks having their Tier 2 Sponsor License suspended. This will not have any immediate effect on migrant staff already working.
The company will not be able to hire any other migrants and any applications currently in progress will also be suspended.
Not taking swift action once your Sponsor License has been suspended risks having it revoked. A Sponsor License revocation could mean you will no longer be able to hire migrant workers from outside of the EEA. It also means that you lose all current visa-holding workers. This could be severely damaging to a business’ reputation.
How can IAS help?
For any business who has had their Sponsor License suspended, our expert immigration lawyers are available to help. We can contact the Home Office to determine the grounds for having their Tier 2 Sponsor License suspended. We can also perform a full Immigration Audit to find and resolve any issues with record keeping and HR practices.
All of our lawyers are highly trained and offer fast and effective services for all types of UK businesses. Contact us today on +1844 290 6312 or use our online contact form to find out more about the options for a business who has had their Tier 2 Sponsor License suspended.
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Having a UK Sponsor License suspended may happen for any number of reasons. This includes:
- A discrepancy between the salary on the Certificate of Sponsorship (CoS) offered to the migrant worker and the salary they receive;
- A discrepancy between the job title on the CoS and the actual job/role of the migrant worker;
- Not following the Resident Labor Market Test correctly;
- Not keeping up to date or accurate records for current Tier 2 employees
The Home Office can visit Sponsor License holders unannounced to assess their current practices. Any business not upholding their duties could face an immediate suspension.
When a Tier 2 Sponsor License is suspended, the business owner will receive a letter from the Home Office stating the reason for the suspension.
The business will have 20 working days to respond to this letter. If they do not respond, they will have their Sponsor License revoked and may also face a civil penalty.
Having a Sponsor License revoked will result in a loss of all current foreign workers. It may also result in the inability to hire any others and a serious loss of reputation.
A Sponsor License revocation will also mean all Tier 2 employees in the company will have to find another business to sponsor their Tier 2 Visa. This needs to be done within 60 days if they want to remain working in the UK.
The lawyers at IAS are experienced in all forms of business immigration. They are equipped to support a UK-based business if they have had their Tier 2 Sponsor License suspended.
- Investigate the grounds of the suspension;
- Liaise with the Home Office on behalf of the business;
- Identify and resolve any issues with current HR record-keeping;
- Identify and resolve any area of non-compliance;
- Prepare businesses for any future Home Office visits.
More information on our services for Tier 2 employees.
Contact us on +1844 290 6312 now or use our online contact form for more information or assistance on our UK-based business immigration services.