If you fail to undertake your duties as a Tier 2 Sponsor Licence holder, you may have your Sponsor Licence suspended. Your migrant employees will still be able to work while your licence is suspended but you risk losing them if your licence is revoked.
The Home Office expects you the follow the duties they have outlined during your time as a sponsor of migrant workers. You must keep updated, accurate records of all employees and complete the Resident Labour Market Test. You will also need to inform them of any changes to your business.
If you fail to resolve the issues identified by the Home Office’s first audit, you may have your Tier 2 Sponsor Licence revoked when they visit again. You will have 20 days from the issue of your suspension to identify and resolve the problems with your business practices and keep your Sponsor Licence.
How can IAS help?
If you have had your Tier 2 Licence suspended, our expert lawyers will help you resolve your issues. With our services, you can continue to hire migrant workers and ensure your current workers can remain in the country. Get in touch today by calling 0333 363 8577 or make an enquiry online to find out about your options following your Sponsor Licence suspension.
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You will receive a letter from the Home Office following a visit stating that you have had your Sponsorship Licence suspended. They will also include the reasons for the suspension, which you will need to resolve.
You will be given 20 working days to respond to the suspension. Failure to do so may lead to you having your Sponsor Licence revoked. It is important, therefore, to seek legal advice as soon as possible.
A Sponsor Licence suspension will also affect all sponsored migrants. Any extension applications will be put on hold but current workers will still be able to work. If your Sponsor Licence is revoked, your migrant employees will be given 60 days to receive a new Certificate of Sponsorship. If they cannot find a new sponsor, they will have to leave the country.
Once you have received notification of your suspension, you will have 20 days to respond to the Home Office. You may have the Sponsor Licence suspension overturned if you can prove you have resolved the issues they identified.
The duties of a Sponsor Licence holder include:
- Recording migrant employee data on the Sponsorship Management System (SMS);
- Completing the Resident Labour Market Test;
- Informing the Home Office of significant changes to the business;
- Ensuring the salary and job title of all employees is the same as on the Certificate of Sponsorship.
Not following your sponsorship duties could lead to a business having their Sponsor Licence suspended.
If no progress has been made, the Sponsor Licence may be revoked.
Although your employees can continue to work, the company will have to thoroughly review its business practices.
The Home Office will revisit to review any changes the business has made to its functions to ensure progress has been made.
If the company has made enough progress and have followed the action plan laid down by the government, the suspension will be lifted.
This will mean that your employees can continue to work as normal. You will also be able to hire migrant workers in the future.
If your company experiences a Sponsor Licence revocation, this will directly affect your employees’ right to be in the country. They will be issued with a Tier 2 curtailment and will have to find another sponsor.
A Sponsor Licence suspension will not necessarily mean that you will have to leave the country. Employees can still work at a company with a Sponsor Licence suspension, including those who have a start date but have not yet started.
If you have applied to extend your Tier 2 Visa, this application will be put on hold until the suspension is over.
If you have not yet entered the UK, your start will be delayed until after the suspension is resolved.
More information for employees on what to do after a Sponsor Licence suspension.
If you have dependents on your Tier 2 Visa who are also working, they can continue to do so while the suspension is being processed.
In the event of a Sponsor Licence revocation, your family members will also have to reapply as dependents. This application can be made from within the UK so your relatives will not have to leave immediately if you lose the right to work.
If your Sponsor Licence is suspended, or you are worried it might be we can help. Our team of highly-qualified immigration lawyers can provide immediate help. We will:
- investigate the grounds of your alleged breach;
- negotiate with the Home Office on your behalf;
- address any issues identified with your records of sponsored employees;
- identify and resolve any areas of non-compliance with Home Office regulations;
- ensure your business/company is fully prepared for any spontaneous visits from the Home Office.
Contact us now by using our online contact form or by calling 0333 363 8577 for information or assistance if you’ve had your Sponsor Licence suspended.