The UK Visas and Immigration (UKVI) suspends the sponsor licence of businesses that do not comply with the sponsored worker-related laws in the book. This creates doubt about the operations of the business and their ability to continue their business normally. The sponsor licence suspension however is not a permanent matter. You can always appeal for a reassessment of the suspension and get the licence reinstated.
Here we will take a look at the things that you can do to ensure that your appeal is successful. This will allow you to get your business operations back on track with the ability to sponsor talents from across the globe for your office.
Understanding the Sponsor Licence Suspension
The sponsor licence suspension occurs when UKVI suspects a breach of the laws governing the sponsorship of workers. Here are some of the common reasons behind the suspension:
- Failure to maintain compliance: Discrepancies in the record maintenance, missing information about the sponsored employees, and failure to report changes in employment status, lead to non-compliance with the laws.
- Poor HR practices: Inadequate and inefficient HR processes to ensure that the working hours of the sponsored workers and their roles are aligned with the ones that were mentioned in the sponsorship document.
- Breach of Immigration Laws: This includes hiring individuals without proper visas or not abiding by the payment thresholds for certain visas.
- Legal action against your organization: If your organization is facing legal action, that is, there is an ongoing investigation against your company, or, your company has been accused of being part of any illegal activity, it can result in the suspension of your sponsor licence until the result of the investigation has come out.
You need to understand that the suspension of your sponsor licence is not the same as the permanent revocation of the same. The suspension will prevent you from sponsoring new employees from abroad. It might prevent anyone from coming to the UK who has been sponsored by your organization. But, it will be restored if you can resolve the issue with the UKVI as per their notice. You will have 20 days to reply to the notice served to you by the UKVI. Now, the thing is, how to get your suspended sponsor licence reinstated. Let’s know about the steps:
Step 1: Go Through the Sponsor licence Suspension Notice
The UKVI will not simply suspend your sponsor licence unannounced and on a whim. You must go through the notice that has been served by the UKVI. This notice will mention all the issues that they have noticed and the grounds for suspension of your licence to sponsor workers or students. Your organization will have 20 days to respond to this notice from the date of issuance of the notice. Going over the notice of suspension of the licence will give you a clear idea of what needs to be done. You should be able to appeal the suspension by providing relevant proof and your arguments regarding the notice.
Step 2: Seek Professional Advice
When your organization is facing sponsor licence suspension it is important to take the matter seriously and take prompt and decisive actions. This will mean that you will need to properly go over the notice and then send a reply to the UKVI. Remember, you will have 20 days to send your reply. Even if you will take longer to resolve the issue outlined in the notice of suspension of the licence , you will need to reply at the earliest. And, to do this, it is best to involve a professional.
Hiring an immigration lawyer is a good idea in this case. This is because you will need to understand the grounds for suspension and then take corrective measures. Moreover, you will need to provide a proper response to the UKVI. If the UKVI finds that your organization is unable to comply with the laws and is becoming a threat to the public and the immigration department, you might be facing complete revocation of your licence . This will prevent you from sponsoring anyone shortly and you will not even be able to apply against revocation. You will have to wait at least 12 months before you can reapply for the licence , although a record of having the licence revoked can create a major issue for you.
To avoid all of these, you must have an advocate involved at the earliest. This will help you with your case and help you get your licence reinstated within the fastest possible time.
Step 3: Respond to the Sponsor Licence Suspension Notice
As stated above, you have 20 days to respond to the notice of suspension of your sponsor licence . You need to be able to provide a proper response that will convince the UKVI to reconsider the matter and not escalate it further. Once you have reviewed the suspension notice and discussed it with your appointed lawyer, it is important to draft a response and provide all relevant documents. In a scenario where there is a serious flaw in the operations of your organization, it is imperative to correct the flaw and notify the UKVI about the steps. Remember, the notice of suspension is a chance given to your company to do the needful and ensure that it does not result in the revocation of the licence. While it is important not to panic, you will need to take action quickly and effectively.
Effect of Sponsor Licence Suspension on Sponsored Person
Anyone who has applied to come to the UK or for an indefinite leave to remain based on the Certificate of Sponsorship (CoS) provided by your company, the process will get suspended until the matter of suspension of your licence is resolved. The person will be duly notified, although the reason for suspension will not be disclosed. This will not immediately affect the people who are already in the UK and those working for your organization based on the CoS issues you have. However, if the matter is not resolved and your licence is revoked, it will result in the permanent revocation of your licence and the people in the UK based on your CoS having to return.
You mustn’t lose your privilege to sponsor workers. So, abiding by the sponsor licence rules is mandatory.