If your Tier 2 sponsor license has been revoked, it is crucial to take immediate and strategic actions to mitigate the impact on your organization. Here are the steps you should consider:
Understanding the Revocation
- Review the Revocation Notice: Carefully examine the communication from the Home Office, which outlines the specific reasons for the revocation. This will help you understand the grounds for the decision, which may include compliance failures, record-keeping issues, or employing ineligible workers.
- Acknowledge Consequences: A revoked license means you can no longer sponsor migrant workers, affecting your ability to recruit and retain talent. Employees currently sponsored will need to find new sponsorship or leave the UK.
Immediate Actions
- Seek Legal Advice: Engage with immigration solicitors who specialize in sponsor license issues. They can provide guidance on your options, help you understand the implications of the revocation, and assist in formulating a response strategy.
- Consider Judicial Review: While there is no right to appeal a revocation decision, you may have grounds for a judicial review if you believe the decision was unjust. This process involves challenging the legality of the Home Office’s decision in court.
- Address Compliance Issues: If your license was revoked due to compliance failures, work with legal experts to address these issues thoroughly. This may involve conducting an internal audit of your HR practices and ensuring all records are accurate and up-to-date.
Future Steps
- Cooling-Off Period: Be aware that after a revocation, there is typically a cooling-off period of 12 months during which you cannot apply for a new license. Use this time to rectify any compliance issues and strengthen your HR policies.
- Prepare for Reapplication: When eligible to reapply, ensure that you can demonstrate compliance with all Home Office requirements and address any previous breaches that led to the revocation. This preparation is critical for a successful reinstatement.
- Consider Downgrading Options: In some cases, it may be possible to negotiate with the Home Office for a downgrade rather than complete revocation. This would allow continued sponsorship of existing employees while addressing compliance issues.
By acting swiftly and strategically, you can navigate the challenges posed by a revoked Tier 2 sponsor license and work towards reinstating your ability to sponsor migrant workers effectively.
How Does UK Visas and Immigration (UKVI) Check Compliance?
UKVI can find out if you’re following the rules in two ways:
- Home Office compliance visits: A compliance officer may visit your business to check if you’re following the rules. These visits can be planned or can happen without notice. If any problems are found, your license could be suspended or revoked.
- Reports from others: If someone – such as a competitor, employee, or member of the public – reports your business for noncompliance, UKVI may conduct an audit.
Key Responsibilities of a Tier 2 Sponsor Licence Holder
To maintain your Tier 2 Sponsor Licence, you must:
- Hire qualified migrant workers: Make sure the workers you hire have the right skills for the job.
- Offer genuine vacancies: You should only assign a Certificate of Sponsorship (CoS) for real job openings.
- Conduct a Resident Labour Market Test: This ensures there are no UK workers who can fill the position before you hire a migrant worker.
- Check Right to Work: Perform checks to ensure your workers have the legal right to work in the UK.
- Keep accurate records: Maintain records for each worker, including contact details, attendance, and qualifications.
- Report any issues to UKVI: Notify UKVI about any concerns, violations, or changes related to your workers or business.
If managing all these duties feels overwhelming, you can set up HR systems to track everything. Alternatively, an immigration solicitor can handle compliance for you, ensuring all information is up to date and changes in immigration rules are followed.
What to Do If Your UK Tier 2 Sponsor License Is Suspended or Revoked
If you receive a letter from UKVI stating your Sponsor Licence has been suspended or revoked, here’s what to do:
- Read the letter carefully: Understand the reasons for the suspension or revocation. If anything is unclear, contact an immigration lawyer immediately.
- Take action: You need to address the issues raised by UKVI. Prepare a representation or a Letter Before the Claim, which is a formal response that explains your position and provides evidence to support your case. It’s important to act quickly because you may only have a limited time to respond.
Having an experienced immigration solicitor draft your response is crucial to ensure it is done correctly and thoroughly.
Once your representations are submitted, UKVI will decide whether to reinstate, downgrade, or revoke your license. Businesses that provide a strong, well-supported response are more likely to have their license reinstated.
Preventing Licence Suspension or Revocation
Preventing suspension or revocation of your Sponsor Licence is far easier (and cheaper) than trying to fix it later. To avoid problems, consider:
- Regular HR audits: Conduct mock audits of your HR systems every six months to ensure full compliance with Home Office rules.
- Stay updated: Immigration rules can change. An immigration solicitor can keep you informed about any changes and guide you on how to stay compliant.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to Ireland for business straightforward and successful. Whether you’re applying for a Business Visa or an Immigrant Investor Visa, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas and permits they need for international travel. Call us today at +234 812 5505 986 to learn how we can assist you.
