What happens if a sponsor's licence is revoked?

What happens if the sponsorship license is revoked - legal support

The Ministry of Internal Affairs requires sponsors with a license to fulfill certain obligations during the entire term of the license. If the Ministry believes that the sponsor has violated these obligations, it may decide to suspend the sponsorship license. During this period, the Ministry will conduct additional inspections. Sponsors must act quickly if they wish to challenge the suspension of their sponsor license.

What is a sponsor's license in the UK?

A sponsoring license is the official permission for a UK employer to employ skilled workers who are not UK residents. To obtain a sponsorship license, a British company must apply to the Home Office, in particular the United Kingdom Visas and Immigration Division (UKVI). Licenses for the sponsorship of foreign workers can be obtained only by organizations, not by individuals or individual entrepreneurs.

The most common reasons for revoking a sponsor license

The Home Office can temporarily suspend a sponsor's license following a UKVI review. The most common reasons for which the Ministry decides to suspend a license are:

• real problems with vacancies
• non-payment of wages to the employee in accordance with the instructions for sponsors;
• poor HR policies and procedures;
• failure to comply with record-keeping obligations or unwillingness to report changes in circumstances.

Once the investigation is complete, the Home Office will either reinstate, downgrade, or revoke the sponsor's license.

Is it possible to appeal the decision?

Following a UKVI review, if a sponsor is notified of a license suspension, they have 20 working days to submit their objections to the decision.

Objections must be made in writing and accompanied by substantial evidence that refutes all concerns raised in the license suspension notice. The success of an appeal against a decision to suspend a license largely depends on the amount and quality of the evidence provided.

The Ministry of Internal Affairs will decide on further action based on the explanations and evidence provided by the sponsor. Sponsors must thoroughly respond to each allegation listed in the license suspension notice.

Renewal of sponsor license

If your sponsorship license has been suspended, you must take immediate steps to minimize the consequences for your company. You will not be able to issue Certificates of Sponsorship (CoS) during this period. Below are step-by-step instructions to help you restore your license.

• Read the letter from the UK Home Office. The Ministry will send you a detailed letter stating the reasons for the suspension or cancellation of your license. Understanding these causes is key to effective problem solving.
• Remove requirement violations. Immediately take measures to correct the detected violations. This may include updating documentation, implementing new procedures, or providing additional training to employees responsible for the sponsor's responsibilities.
• Prepare your answer. In case of license suspension, usually 20 working days are given to prepare a response. Your response should include: A detailed description of the actions taken to correct the problems; Corroborating evidence of compliance; Any extenuating circumstances that may have led to the violations.
• Submit a response. Send your answer to the Ministry of Internal Affairs within the prescribed time limits. Make sure all documents are clearly laid out and well organized to facilitate the review process.
• Wait for a decision. After receiving your response, the Ministry will consider the case and make a decision on license restoration, further suspension or cancellation. This process can take several weeks, during which it is important to comply with the requirements of the law.

How can we help?

We understand that receiving a notice of suspension of a sponsor's license can be a serious challenge for a sponsor, as it can lead to business disruption and cause stress for all concerned.

Our specialist legal analysis team works with sponsors to help reinstate the license by providing the Home Office with the best possible justification that covers all the issues raised in the license suspension letter. We conduct legal analysis of the situation, legal analysis and audit of the situation to provide support.

We can advise on the necessary supporting documents and help improve the sponsor's HR policies and procedures to prevent further problems. Our legal audit will reveal potential risks and offer solutions.