Sponsor Licence Suspension / Revocation
Why A Tier 2 Licence Suspension Has Serious Implications
All Sponsor Licence holders face the risk of suspension or revocation of their license if found to be non-compliant. This is a serious issue, and it cannot be stated strongly enough how important it is to avoid suspension and revocation.
As the Home Office becomes more active in conducting unannounced compliance visits, more and more companies are seeking help. A Y & J Solicitors is serving these companies, helping them work towards a successful resolution of their Tier 2 Licence challenges.
Tier 2 Sponsor Licences and Compliance
Following a compliance visit from the Home Office, concerns may then be expressed by UKVI. These concerns may result in a down-graded licence, suspension of a licence pending corrections, or even revocation of a licence without chance for appeal.
The most common concerns result from improper or nonexistent Residence Labour Market Tests (RLMT), poor record keeping and reporting, insufficient recruitment practices, and poor policies regarding sponsor duties. In addition, IT companies have come under fire due to allegations of hiring to third parties as an employment agency, and acting outside the boundaries of Sponsor Licence holders.
Case Study Of A Sponsor Licence Revoked
Recently, an IT company was audited by a UKVI compliance officer. This company relies on a large workforce of sponsored migrant workers. As a result of the audit, the company received notice that their Sponsor Licence had been suspended. The explanation given was that the company had not provided convincing evidence that they were conducting adequate Right To Work checks on their migrant workers. This led the Home Office to believe that the company was failing to take sufficient actions to prevent illegal working.
UKVI took the position that the positions filled by sponsored workers did not represent genuine vacancies (vacancies that could not be filled by EU workers). In addition, the company had not updated their licence in all branches of the company, and some of these branches were hiring sponsored workers. Finally, the UKVI also deemed the company’s Human Resources systems as inadequate to maintain current and historical contact details for all sponsored workers.
While all of UKVI’s concerns were valid, and considered actions of non-compliance under current law, the situation itself could have been avoided. Each of the issues could have been corrected with the right information and support. A Y & J Solicitors can help your company prepare for a Home Office audit, and help you to have a long-standing and strong record as a Sponsor Licence holder.