Sponsor Licence Revocation: Common Triggers and How to Appeal

For any organization the Home Office believes has failed in its responsibilities or for those they think could pose a risk to UK immigration control, they will suspend or revoke the sponsor licence of the said organization.

If the sponsor licence of an organization is revoked, it will be unable to attract, endorse, or hire any additional foreign employees. This is why the sponsor licence suspension or revocation can hurt the business's ability to hire the best talents and conduct activities in general.

It will also limit the duration of stay of any sponsored employees who are already in the employment of the organization.

How to Appeal? 

Upon getting a notification from the Home Office stating that the sponsor licence of the particular individual is being revoked, quick action is required. Appeal against the revocation of a sponsorship licence is not permitted at the moment, nevertheless, judicial review of the decision can be considered.

This is the process of judicial review, in which the courts are asked to assess the legitimacy and correctness of the actions taken by the public authorities. The consequences of such a practice are that where, for example, the court of law discovers that a decision has been made unreasonably or unlawfully, the court can issue a quashing order. This in essence allows the court to make a decision – but it is a lengthy and costly process and a favourable verdict may not be guaranteed to the organization.

What Can Cause Your Sponsor Licence to Get Revoked?

After the issuance of a sponsorship licence , if the Home Office learns that the sponsor submitted any material aspects of the application or renewal application untruthfully, and if they further ascertain that the sponsorship licence  would not have been issued had the true and correct information been disclosed to the Home Office, then the sponsorship licence  shall be revoked. 

Here are a few cases where the Home Office may decide to revoke your sponsor licence 

  • In the case where an entity is discovered to have hired unauthorized individuals in the workforce 
  • Where the enterprise failed to follow the prescribed procedure to undertake the right-to-work checks as directed by the Home Office 
  • Where the Home Office learned about the employment of a migrant who was engaged in a job below the requisite skill threshold he was sponsored for 
  • Where there is a failure to meet the deadline set by the Home Office to supply requested information documents 
  • In cases where the CoS is prepared and salary misrepresentation occurs, the CoS is applied to a position that is different from the one on the CoS.
  • Where the entity provided false information by claiming that the position was not subject to the Resident Labour Market Test, whereas it was, the entity submitting the role was subject to the matter before the submission.

Conclusion 

You need to be compliant with all regulations of the Home Office and refrain from providing false information if you don't want your sponsor licence  to get revoked. Also, hiring an immigration solicitor can help you navigate the process better.


A Y J Solicitors

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