SPONSOR LICENCE REVOCATIONS
If UK Visas and Immigration believes that you are failing to meet your sponsor duties in a serious way or stop operating in the UK, your sponsor licence will be revoked.
Sponsor Licence Revocation
If your sponsor licence is revoked, any migrants you sponsor will have their leave curtailed. They will be given 60 calendar days to find alternative sponsorship or leave the UK. If they have less than 60 days to run on their visa it will not be curtailed, but they must find alternative sponsorship or leave the UK before it expires.
Reasons for revoking a sponsor licence include having given false information when you made your Sponsor Licence Application, employing a migrant in a job that does not meet the skill level requirements and using a CoS to fill a vacancy other than the one specified on the CoS you assign for that role. Human resource policy failures are a common reason for revocation.
There is no right of appeal against a decision to revoke a sponsor licence and you will not be allowed to apply for a sponsor licence again until the end of the appropriate cooling off period from the date your licence is revoked.
What else do I need to know?
There is no right of appeal against a decision to revoke a sponsor licence. However, our immigration barristers can advise on the merits of applying for Judicial Review of a revocation decision and, where appropriate, provide representation in Judicial Review proceedings.
If your sponsor licence is revoked, it is possible to submit a fresh Sponsor Licence Application after the cooling off period. However, the application will need to address the reasons why your previous licence was revoked.
How we can help
We understand that receiving a sponsor licence revocation decision can be disruptive, costly and distressing for both employers and sponsored workers.
If a decision has been taken to revoke a sponsor licence, our immigration barristers can advise on the merits of applying for Judicial Review of the revocation decision and, where appropriate, provide representation in Judicial Review proceedings. We can also prepare fresh sponsor licence applications following revocation.
We pride ourselves on being approachable and proactive in understanding and meeting our business clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice directly to UK employers as part of a professional and friendly service.
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Sponsor Licence Applications
In order to employ skilled workers from outside the EU, UK employers must first submit a Sponsor Licence Application to UK Visas and Immigration for a Tier 2 and/or Tier 5 sponsor licence. Non-EEA nationals must have a sponsor before they can apply to come to, or remain in, the UK for work.
Whether you require advice on the correct company-related documentation to provide in support of a sponsor licence application, assistance with drafting a compelling business case that will satisfy UKVI that you need a sponsor licence in order to fill a genuine role or guidance on running a compliant RLMT, our immigration barristers can manage the sponsor licence application process on your behalf.
Sponsor Licence Renewals
Your sponsor licence will expire 4 years after it was granted. If you wish to continue to sponsor migrants, you will need to apply for a Sponsor Licence Renewal before it expires. It is good practice to apply at least one month before your licence expires.
You may be asked to send additional documents to UKVI. If you fail to send UKVI these documents, they may downgrade, suspend or revoke your licence. UKVI may also visit your business premises. If they have any concerns about your actions as a sponsor they may downgrade or revoke your licence. Our immigration barristers can work with you to ensure that you are able to successfully renew your sponsor licence.
Sponsor Licence Refusals
There is no right of appeal against the refusal of an application for a sponsor licence.
If the Sponsor Licence Refusal decision was the result of either a caseworker error or the result of supporting evidence sent as part of your application not being considered by UKVI then our immigration barristers can assist you to request that the error be corrected and, if appropriate, submit a new online sponsor licence application.
If the decision to refuse your sponsor licence application was unlawful, unreasonable or procedurally improper, our immigration barristers can apply for Judicial Review and provide representation at Judicial Review hearings.
We also assist employers to prepare fresh applications for sponsor licences following previous refusal decisions.
Sponsor Licence Suspensions
If UK Visas and Immigration believes that you are breaching your sponsorship duties and pose a threat to immigration control, you may be subject to a Sponsor Licence Suspension while they make further enquiries.
If you have received notice that your sponsor licence has been suspended by UKVI, you will have 20 working days to seek a review of the decision. Your response must be made in writing and set out, with supporting evidence, which grounds you believe to be incorrect and why.
The Home Office will make a final decision based on your written response, so it is important that all mitigating arguments are clearly set out.
Our immigration barristers work with sponsors to secure reinstatement of their sponsor licences, ensuring that a robust case is presented to UKVI addressing any issues raised in suspension letters.