As the UK government bears down on UK immigration, more and more employers are finding that they are having their Tier 2 Sponsor Licence revoked. UKVI are checking that employers are retaining all the documentation that relates to the Relevant Labour Market Test as well as copies of each employee’s personal documentation. This includes: passport, UK biometric residence card, national insurance number, up to date contact details, absence records and contract of employment.
Failure to provide all of this documentation in full and completely up to date can lead to further investigation which may result in the employer having their Tier 2 Sponsor Licence revoked. UKVI typically suspend the licence before making a formal revocation, but in the short term the effects are the same - employees are unable to work and businesses are unable to trade.
Since there is no way to predict when UKVI will check on companies’ compliance with the terms of their Tier 2 Sponsor licence it is imperative to keep all records fully up to date at all times. Failure to do so to the satisfaction of UKVI inspectors can lead to a business having their Tier 2 Sponsor Licence revoked.
Although there is no formal right of appeal against such a judgement there are alternative means to retain the right to employ migrant labour. If the UKVI can be persuaded that an administrative failure is merely an oversight it may be possible to negotiate a temporary downgrading of the sponsor licence from an A to B rating. This is not ideal, but it will at least allow existing staff to remain in post. The alternative is for them to be obliged to leave the UK or to seek alternative visa arrangements of their own.
Anyone in any doubt as to the quality of their record keeping is advised to make their own check with the assistance of a professional advisor rather than risk having their Tier 2 Sponsor Licence revoked.