Sponsor Licence Suspended
In situations where UK Visas and Immigration believes that you have breached your sponsorship duties and pose a risk to immigration control, they may opt to suspend your sponsor licence temporarily while conducting additional investigations.
Sponsor Licence Suspension:
In the event of a sponsor licence suspension, certain implications and procedures should be noted:
1. Impact on Sponsorship: During the suspension period, you will be unable to sponsor new migrants, and your business will be removed from the public register of sponsors. However, your current sponsored migrants will not be affected.
2. Reasons for Suspension: Sponsor licence suspensions may occur due to various reasons, such as inadequate record-keeping for sponsored migrants, unlawful salary adjustments, or the presence of an authorising officer who does not meet the appropriate qualifications for their position.
3. Duty Compliance: It is crucial to continue fulfilling all sponsor duties throughout the suspension period. Even if your licence is set to expire during the suspension, you must still apply for a Sponsor Licence Renewal if you wish to retain it.
4. UKVI Enquiries: Once UK Visas and Immigration concludes its investigations, they may choose to reinstate your licence, downgrade its rating, or revoke it altogether.
It is advisable to seek legal advice from an immigration specialist to navigate the process and ensure compliance with sponsor duties during a sponsor licence suspension.
Additional Information on Sponsor Licence Suspension:
If you have been informed that your sponsor licence has been suspended by UK Visas and Immigration (UKVI), it is essential to be aware of the following details:
1. Review Period: You will have a window of 20 working days to request a review of the suspension decision by UKVI. This request must be submitted in writing and should outline the grounds you believe to be incorrect, supported by relevant evidence.
2. Clear Mitigating Arguments: As the Home Office will make a final decision based on your written response, it is crucial to clearly articulate all mitigating arguments. Presenting a well-structured and comprehensive response is important to support your case.
3. UKVI Decision: After completing their enquiries, UKVI may choose to reinstate your licence, downgrade its rating, or revoke it entirely. The final decision will be communicated by UKVI based on the information provided during the review process.
It is advisable to seek guidance from an immigration lawyer with expertise in sponsor licence matters to ensure your response effectively addresses the suspension and maximizes the chances of a favorable outcome.
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You will receive a letter from the Home Office following a visit stating that you have had your Sponsorship Licence suspended. They will also include the reasons for the suspension, which you will need to resolve.
You will be given 20 working days to respond to the suspension. Failure to do so may lead to you having your Sponsor Licence revoked. It is important, therefore, to seek legal advice as soon as possible.
A Sponsor Licence suspension will also affect all sponsored migrants. Any extension applications will be put on hold but current workers will still be able to work. If your Sponsor Licence is revoked, your migrant employees will be given 60 days to receive a new Certificate of Sponsorship. If they cannot find a new sponsor, they will have to leave the country.
Once you have received notification of your suspension, you will have 20 days to respond to the Home Office. You may have the Sponsor Licence suspension overturned if you can prove you have resolved the issues they identified.
At Alexandra & Spencer, we offer Immigration Audit and Consultancy services to review your business processes. These services make sure you are compliant with Home Office regulations.
The duties of a Sponsor Licence holder include:
Not following your sponsorship duties could lead to a business having their Sponsor Licence suspended.
If your Sponsor Licence is suspended, or you are worried it might be we can help. Our team of highly-qualified immigration lawyers can provide immediate help. We will:
Contact us now by using our online contact form or by calling 020 7887 1916 for information or assistance if you’ve had your Sponsor Licence suspended.
We recognise the significant disruption, costs, and distress that can result from receiving a sponsor licence suspension decision, affecting both employers and sponsored workers.
Our team of immigration lawyers specialise in helping sponsors navigate the process of reinstating their sponsor licences following suspension decisions. We work closely with sponsors to develop a robust case that addresses the concerns raised in the suspension letters, presenting a compelling argument to UK Visas and Immigration (UKVI).
We take pride in our approachability and proactivity when it comes to understanding and fulfilling the needs of our business clients. Our highly motivated team is dedicated to providing clear and reliable immigration advice directly to UK employers, ensuring a professional and friendly service that you can rely on.
When facing a sponsor licence suspension, it is advisable to seek the guidance of an experienced immigration lawyer who can support you in presenting a strong case for reinstatement.