Sponsor licence revoked: your next steps
With the resident labour market falling short in skilled talent across many sectors, sponsoring skilled migrant workers has of many organisations become essential in remaining competitive and even operational. The impact of losing a Tier 2 sponsorship licence for most companies would therefore be business-critical.
A revoked sponsor licence would see your company lose its ability to hire Tier 2 non-EEA skilled workers.
Any Tier 2 workers that you employ in the UK will have to leave their job at your company, and leave the UK within 60 days or by their visa expire date if sooner than 60 days unless they can make a new successful visa application to stay in the UK within the timeframe.
Have you received a sponsor licence revocation letter?
If you have received notification from UKVI that your sponsor licence is being revoked, you will have a limited timeframe in which to respond.
Depending on the alleged breach(es) and the wider circumstances of your case, it may be possible to seek a temporary downgrading of your licence which would permit existing Tier 2 workers to continue to be employed by you in the UK.
At the earliest point, it is recommended that you seek legal advice on how you approach the revocation and responding most effectively with the Home Office, by for example remedying breaches in compliance and negotiating a licence downgrading.
We have vast experience of working with employers facing a sponsor licence revocation.
We can advise on the merits and strengths of your case, and advise on the most appropriate course of action. In some cases, the breach may be so severe that the Home Office has acted reasonably. In other cases, we can help you build your case to demonstrate that the revoked sponsor licence would have wider implications rendering the revocation a disproportionate measure. For example, for one client, we successfully illustrated in our response to the Home Office that loss of the sponsor licence would result in the company losing a substantial business contract – the result of which would be redundancies affecting more than the Tier 2 workers.
If you have received a sponsor licence revocation letter from the Home Office, what do you do next?
Sponsor licence revoked: step 1
Your first step should be to acknowledge receipt of the letter. Proactively engaging with the Home Office throughout the revocation process does in our experience work in your favour, and can help to demonstrate a willingness to cooperate and comply.
Sponsor licence revoked: step 2
The next step is to understand the grounds for revocation. The letter of notification will detail the basis on which UKVI has arrived at its decision to proceed to revocation stage.
There are many potential reasons why your sponsor licence may be revoked:
- No genuine vacancy: it may be alleged that the sponsored worker is carrying out a different role to the one on the Certificate of Sponsorship, or is not working for your company at all.
- Resident Labour Market Test breach: where the company has failed to meet the requirements under the RLMT such as record keeping and meeting the stringent timeframes for advertising vacancies.
- Poor record-keeping: companies that do not consistently meet the record keeping duties on sponsor licence holders.
The grounds should in turn influence how you respond and the action you take.
For example, it may be that UKVI’s grounds are based on an error of fact. In such circumstances, you will need to compile sufficient evidence to support correction of the factual error.
Sponsor licence revoked: step 3
Gather together all relevant personnel involved in the management of the sponsor licence to confirm the position of the company in light of the alleged breach(es). Discuss the grounds for revocation and addressing any compliance issues. Agree the response to UKVI, assigning responsibilities. Timescales and ownership must be clearly communicated.
Sponsor licence revoked: step 4
Sourcing relevant and accurate evidence to support your response will be critical.
Depending on the size and make-up of your company, this may be a challenging exercise, where documents are owned and maintained within different functions and sites e.g. payroll information. The Home Office however will not be interested in internal barriers or difficulties. Indeed these may exacerbate the issues around non-compliance with sponsor licence duties.
Sponsor licence revoked: step 5
Consider the revocation in context.
In addition to providing documentary evidence, your response should where possible demonstrate the wider economic impact of a revoked sponsor licence, such as redundancies beyond the affected Tier 2 workers.