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Category: Immigration

A High Court case (summary of the case here) confirmed that in cases where the grounds for revocation of an employers sponsorship licence are met, the revocation is mandatory.

If a breach is serious enough, there is no wriggle room – revocation will be the only option.

This recent case acts as a warning to employers to take their duties as a Sponsor seriously and not abuse the system which they benefit from.

The Home Office does and will make compliance visits.  Sometimes these are announced and sometimes they are not (and these can be before or after a Sponsorship Licence is granted).  At a visit they will be assessing;

  • whether you are meeting your sponsorship obligations
  • If you have the systems and procedures to meet your obligations
  • If the information you gave on your licence application is accurate
  • If you are complying with your obligations to prevent illegal working

What happens if an employer’s sponsorship licence is revoked?

If your licence is revoked, it’s unlikely you’ll get another one.  You’ll lose the chance to benefit from sponsoring employees from overseas (or those currently in the UK being sponsored by another employer).  Arguably worse is the impact on the employees you sponsor and their families.

What happens to the employees being sponsored?

Your sponsored employees (and any family members on dependent visas) will have to leave the UK within 60 days – unless they can find an alternative sponsoring employer.

You’ll appreciate that is scant notice to secure another sponsor.  Also consider that a sponsored employee may be very near being able to apply for permanent immigration status.  That will make no difference unfortunately.  Your (former) employee (and any dependent family members) will have to leave the UK unless another employer will sponsor them.

We’re not sure about you but causing such a level of upset would give us sleepless nights.  If you would benefit from an immigration audit we can help.  We can identify any risks and gaps and put together an action plan to resolve them.  It will make a Home Office inspection visit a far less stressful event – and a revocation of your Sponsor Licence a lower risk for your business.

Get in touch using the link below or call us on 0117 325 0526 

 

Contact Menzies Law

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