Compliance in UK Sponsor Licensing and Preventing Revocation

By Sanwar Ali:

When it comes to immigration and sponsor licensing in the UK, compliance is very important. Non-compliance could mean revocation of the sponsor licence. In this article, we will delve deeper into the crucial aspects of compliance, the repercussions of non-compliance, and the measures to ensure you are always on the right side of the law.

Table of Contents

1. What is a Sponsor Licence?
2. Understanding Compliance in Sponsor Licensing
3. Common Reasons for Sponsor Licence Revocation
4. The Consequences of Non-compliance
5. Sponsor Licence Suspension vs Revocation
6. The Impact on Sponsored Workers
7. The Aftermath of Revocation
8. Seeking Legal Assistance
9. Prevention is Better Than Cure: Compliance Best Practices
10. Final Words

What is a Sponsor Licence?

A sponsor licence is a form of permission issued by the UK Home Office that allows a business or educational institution to hire foreign workers or students from outside the European Economic Area (EEA). The UK government expects these licensed sponsors, who directly benefit from migration, to play an active role in preventing the abuse of the immigration system.

Understanding Compliance in Sponsor Licensing

Simply put, compliance refers to the adherence to rules and regulations governing the sponsor licence. It includes responsibilities such as:

• Maintaining up-to-date records of the migrant workers or students
• Providing information to the Home Office upon request
• Ensuring legal employment practices
• Abiding by tier-specific rules established by the Home Office

Common Reasons for Sponsor Licence Revocation

While many factors can lead to the revocation of a sponsor licence, some occurrences are alarmingly common. These include:

• The provision of false or misleading information during the sponsor licence application process
• Poor record-keeping and reporting practices
• Inadequate recruitment procedures
• Non-compliance with legal requirements
• Failure to meet sponsor duties

The Consequences of Non-compliance

Non-compliance can lead to severe consequences, including the suspension or revocation of the sponsor licence. It is not a matter to be taken lightly. A suspension or revocation can adversely impact a business's ability to recruit overseas talent, affecting its growth and reputation, and can even lead to legal action.

Sponsor Licence Suspension vs Revocation

A suspension is a temporary measure wherein the Home Office halts the sponsor licence while conducting further investigations. On the other hand, revocation is a permanent cancellation of the sponsor licence due to serious compliance breaches or mandatory revocation ground. In case of revocation, a new licence cannot be applied for until 12 months have passed since the date of the revocation letter.

The Impact on Sponsored Workers

The revocation of a sponsor licence has a significant impact on the sponsored workers. Their leave to remain in the UK is curtailed to 60 calendar days, during which they must find an alternative employment with a licensed sponsor, apply for a different visa category, or leave the UK.

The Aftermath of Revocation

The revocation of a sponsor licence can have lasting repercussions. Apart from the inability to sponsor foreign workers for a year, businesses may also face legal penalties, including fines up to £20,000 per illegal worker and potential imprisonment.

Seeking Legal Assistance

While there is no right of appeal against a revocation decision, sponsors can apply for a Judicial Review of the decision. Legal experts can advise on the merits of applying for a Judicial Review and assist in the process.

Prevention is Better Than Cure: Compliance Best Practices

To avoid the harsh consequences of non-compliance, businesses must:

• Implement robust HR systems to track and maintain up-to-date records of migrant workers
• Conduct regular internal audits to ensure compliance
• Train staff on sponsor duties and responsibilities
• Have a system in place for reporting any changes to the Home Office
• Work closely with legal experts to stay updated with the latest immigration rules and policies

Final Words

In the ever-evolving landscape of UK immigration laws, staying compliant is the key to retaining your sponsor licence. With the right measures in place, businesses can navigate the complexities of immigration compliance, mitigating the risk of sponsor licence revocation, and ensuring a smooth journey for hiring foreign talent.

How Workpermit.com Can Help with Sponsor Licences

If you need help with employing Skilled Workers and help to apply for a Sponsor Licence, including complying with your Sponsor Licence obligations, Workpermit.com can help.

For more information and advice, please contact us at 0344 991 9222 or at london@workpermit.com(link sends e-mail)(link sends e-mail)