Sponsor Licence Suspension: A Complete Guide for UK Employers

The UK Visas and Immigration (UKVI) expects all licensed sponsors to meet specific duties for the duration of their sponsor licence. If UKVI suspects a breach of these duties, it may decide to suspend the sponsor licence and conduct further investigations. During this period, it is crucial for sponsors to act swiftly to challenge the suspension and protect their licence.

Overview of Sponsor Licence Suspension

When a sponsor’s licence is suspended by UKVI:

  • The sponsor cannot assign Certificates of Sponsorship (CoS) under any category.
  • The sponsor is removed from the register of sponsors during the suspension.
  • Current sponsored workers employed at the time are usually unaffected unless UKVI decides to revoke the licence.
  • The sponsor must still comply with all sponsor duties throughout the suspension period.
  • If the sponsor licence is due for renewal during this time, the renewal application should still be submitted.

Common Reasons for Sponsor Licence Suspension

A sponsor licence suspension often follows a UKVI compliance audit. The most common reasons for suspension include:

  • Resident Labour Market Test Failures: Improper processes or concerns over genuine vacancies (pre-December 2020 recruits).
  • Failure to Pay Workers Correctly: Not paying in line with sponsor guidance salary requirements.
  • Inadequate HR Policies: Poorly managed HR systems that fail to meet UKVI standards.
  • Record-Keeping Failures: Inaccurate records or failure to report relevant changes.
  • Illegal Working and Monitoring Issues: Not following procedures for preventing illegal working or monitoring sponsored workers.

What Happens After a Sponsor Licence Suspension?

Once UKVI completes its investigations, they may decide to:

  • Reinstate the Licence: If the sponsor successfully addresses all concerns.
  • Downgrade the Licence: If issues are identified but can be resolved under conditions.
  • Revoke the Licence: If serious breaches are confirmed.

Challenging a Sponsor Licence Suspension

Sponsors have 20 working days to respond to a suspension letter. This response, known as representations, must include substantial evidence addressing each allegation.

Key Steps to Challenge a Suspension:

  • Provide Detailed Evidence: Address each concern with supporting documentation.
  • Respond Thoroughly: Ensure every point in the suspension letter is covered.
  • Act Quickly: Submit your response within the 20-day deadline.

Protect Your Licence with Expert Support

A sponsor licence suspension can disrupt your business. Our experts can help by:

  • Providing Professional Advice: Tailored support to challenge suspensions effectively.
  • Reviewing HR Policies: Ensuring compliance with UKVI requirements.
  • Conducting Mock Audits: Identifying and resolving potential issues before inspections.

Act now to protect your sponsor licence. Contact us today for expert guidance and support.

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