Sponsor Licence Suspension: Safeguarding Your Business

Has your sponsor licence been suspended? The need for swift action is paramount to avoid further disruption to your business. We specialise in helping you protect your sponsor licence.
A suspended sponsor licence can have severe repercussions for your business, jeopardising your ability to sponsor migrant workers. While sponsoring overseas nationals to fill essential skills gaps can drive growth and competitiveness, it also comes with significant responsibilities. Failure to meet these responsibilities could lead to your sponsor licence being suspended, and in the worst-case scenario, revoked. This not only curtails your permission to sponsor migrant workers but also shortens the leave of existing migrant workers within your workforce.
The Home Office possesses the authority to suspend a sponsor licence when it alleges that an organisation has failed to manage its licence correctly and meet its immigration compliance duties. If you have received formal notification from UKVI that your companys sponsorship licence faces suspension, your next actions are critical.
Depending on the specifics of your case, your options may include challenging the Home Offices suspension decision and responding promptly within the given timeframe. Failing to respond in time could result in your licence being revoked.

Understanding the Grounds for Suspension

Why are sponsor licences suspended? When you become a licensed sponsor, you commit to fulfilling all compliance duties under the UK visa sponsorship regime. These duties aim to prevent the abuse of the immigration system by capturing and retaining information regarding sponsored workers compliance with the Immigration Rules and visa conditions. These duties include:

• Record-keeping: Maintaining documentation of sponsored workers as required under Appendix D of the Immigration Rules. For example copies of passport, Right to Work (RTW) Check, recruitment evidence, BRP, DBS, Pay Slips, NI number PXX Forms, e.g. P45, P60 and history of the workers contact details.
• Monitoring & Reporting: Reporting significant changes to employment contracts and unauthorised worker absences exceeding 10 days.
• Complying with immigration laws.
• Not engaging in behaviour or actions that are not conducive to the public good.

Failure to adhere to these duties may lead to suspension. The suspension applies across all visa categories under your licence, affecting your ability to assign certificates of sponsorship and sponsor new migrant workers. Your business will also be removed from the public register of sponsors during the suspension.

Implications for Sponsored Workers

Existing Sponsored Workers
The suspension generally does not affect the leave of existing sponsored workers, unless the Home Office escalates the penalty to licence revocation. If the Home Office lifts the suspension following your response, the sponsored workers status remains unchanged.
However, if existing sponsored workers are awaiting a decision on a visa extension, their extension application will be put on hold until a decision is made on the suspension.
New Sponsored Workers
New sponsored workers already in the UK who haven not yet started work can commence employment. Those overseas with a visa but haven not begun working will be contacted by the Home Office.
New sponsored workers overseas awaiting a visa decision will see their application placed on hold until the suspension is resolved.

Responding to a Suspension Notice

If UKVI has evidence justifying your licences suspension pending a full investigation, they will notify you, providing initial reasons for the suspension. Its crucial to act swiftly during this investigation period, which gives you 20 working days to respond to UKVIs letter.
Your response to UKVI should be in writing and comprehensive, supported by relevant evidence, addressing any suspension grounds you believe are incorrect. Seek professional advice if needed, especially if you are facing exceptional circumstances.
Your response will need to be thorough and robust on all points, with extensive documentary evidence supporting your position. Be prepared for a site inspection by immigration enforcement officials if you haven not already been visited.