Sponsor licence holders are required by law to meet a number of immigration compliance duties as part of the management of their sponsor licence. Where the Home Office alleges you have failed to meet these duties, you may face sponsor licence suspension. At this stage, employers will want to know if you can challenge a suspended sponsor licence?
Challenging a suspected breach of immigration duties
A suspended sponsor licence has the potential to impact your business by affecting your ability to hire non-EEA skilled workers.
If you have received formal notification from UKVI that your company’s Tier 2 sponsorship licence is at risk of suspension, your next steps will be business-critical.
You will be required to respond to the notification within the given timeframe.
It will be important to address the reasons given by the Home Office for the suspension. Is there a factual error in these grounds, that can be challenged with supporting evidence? Are there measures you need to take to rectify the breach?
How you respond is likely to determine the outcome of the matter.
How we can help you
DavidsonMorris brings substantial experience in advising companies facing sponsor licence suspension:
- Assisting with understanding the grounds for suspension
- Advice on collating the supporting evidence
- Advice on remedial steps to address areas of non-compliance
- Support in engaging with UKVI
- Advice and support in relation to any subsequent follow-up scrutiny such as Home Office site visit
Our team of UK immigration specialists can advise on all compliance and evidentiary requirements critical to a prompt response and minimising the impact of a sponsor licence suspension on your business operations.
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A suspended sponsor licence would impact your company’s ability to hire Tier 2 non-EEA skilled workers.
If you have received notification from UKVI that your sponsor licence is being suspended, you will have a limited timeframe in which to respond.
UNDERSTANDING YOUR DUTIES
Essential compliance information for sponsor licence holders.
Understand your duties as a sponsor licence holder to avoid or rectify compliance issues with the UK Home Office.
We can also help with:
SPONSOR LICENCE RENEWALS
After 4 years, you will be required to apply to renew your sponsor licence, when your HR systems and processes will be scrutinised by the Home Office.
Sponsor licence holders must meet a number of duties on an ongoing basis, requiring HR systems and processes to support compliance.
HOME OFFICE INSPECTIONS
You should expect to receive a Home Office visit as part of a sponsor licence renewal. They can be daunting, making early preparation essential.
Immigration audit helps as part of your sponsor licence application or renewal preparation to you meet the duties of a sponsor licence holder.
Sponsor licence holders must comply with Home Office requirements through effective HR systems and processes.
CERTIFICATES OF SPONSORSHIP
Advice on the use of restricted and unrestricted Certificates of Sponsorship (CoS) under your Tier 2 sponsor licence.