Reasons Behind Your UK Sponsor Licence Suspension: A Comprehensive Guide

As a UK employer, if you employ migrant workers for your company, you will require a sponsor licence. This licence is essential for employers who want to employ talents for their venture. In this regard, sponsor licence suspension can immensely impact your overall business and reputation in the marketplace. It is of utmost importance for you to retain your licence from suspension to continue your company’s operations without delays and hurdles. But the question that arises here is: How do you avoid the situation of suspension? Is there any significant way to help you comply with your sponsor duties? The answer is yes; there are specific ways that can help you understand the reasons behind the suspension of your licence. Understanding such issues can help you in minimising the chances of suspension. There are so many factors associated with this visa route that can affect the validity of your licence.

In this comprehensive guide, we have mentioned several points that can save you from licence revocation. Apart from that, you must also seek professional advice from immigration lawyers in the UK. They can help you understand the reasons for suspension and prepare you to escape such a situation in future. But before seeking a professional, it is essential to have a broad understanding of it. This article aims to provide you with immense information on sponsor licence revocation.

Possible Reasons for Sponsor Licence Suspension

Here in this section we have mentioned several reasons that can lead to suspension. So it is essential to understand these reasons to avoid suspension of your licence.

  • The primary reason for licence suspension is not maintaining compliance requirements of the UK Home Office. If you are hiring migrant workers, it is essential that you check whether they have the right to work in the UK or not. Apart from that, the sponsor must keep an eye on the immigration status of your sponsored workers. To maintain such information, you can create an employee handbook and ask them to accurately update all the essential information in this sheet. To maintain your sponsor duties, it is vital that you inform the UKVI about any significant changes in your company, such as employees’ salary threshold, contact details, immigration status, residential changes, and any other significant changes. 
  • Your licence can be suspended if your website is not functional or if you are not paying appropriate salaries to your migrant workers. Thus, you must ensure that your website is functional and update the sponsor management system daily. As an employer, you also must not advertise yourself to a recruitment firm. These minor mistakes can also lead you to licence suspension and put your employee in a difficult situation. 
  • From the 6th of April, you might all know that the Home Office has changed the way that they want you to have a flagging system that reminds you when employees’ visas are expiring to do a follow-up check. You must have a functional system when you decide to sponsor migrant workers. The Home Office wants to ensure that you have enough details about them. Retaining all their historical contact details is essential to have. You must have their present and past contact details and residential addresses. Lack of record keeping can also become a significant reason for licence revocation and suspension. 
  • The UK Home Office expects you to report every significant company change and employee status through the sponsor management system (SMS). Maintaining this system is of utmost importance for every sponsor licence holder. Any suspicions about record keeping and maintaining compliance can become a massive reason for suspension. 
  • To avoid suspension, you must inform the UK Home Office about the arrival date of your migrant worker in the United Kingdom and move initially and about their current address in the UK. In addition to that, you must have their current and past contact details and email address. It will be beneficial if you create a system or employee handbook to notify your sponsored employees that whenever they move to another address and change their immigration status, they must inform you to maintain sponsor compliance duties. 
  • Not fulfilling your sponsor duties, such as ensuring your employees have the right to work in the United Kingdom. Paying as per their skill set and designation in your company also comes under fulfilling your sponsor duties. You must also inform the UKVI of any decrement in their salaries and roles. Increments are not subject to be informed, but decrements should be informed on a priority basis. 
  • A robust human resource system is necessary to stay compliant and fulfil sponsor duties. It is advisable to create a prominent HR system to track immigration status, keep records and provide compliance evidence to the compliance officer during audits. A streamlined process is the best way to escape the situation of licence suspension. 
  • Miscommunication with the Home Office during the compliance visit can also become the reason for suspension. To deal with this situation, it is essential that you appoint key personnel for the business to ensure you are not fooling fouls of compliance. They will be responsible for answering and providing all evidence requested by the compliance officer. 
  • A proof of your genuine business is also required to maintain sponsor duties. You must have a VAT certificate to authenticate your business. Your licence can be cancelled if the Home Office suspects your company’s roles. Having an appropriate date for your business is required to stay compliant. 

These are some of the reasons and their solution to avoid sponsor licence suspension. This guide is essential to consider, and seeking professional help is also essential. There are several legal firms in the United Kingdom, such as A Y & J Solicitors. They have a robust team of immigration solicitors who can help you throughout this process. As a sponsor licence holder, you must keep an eye on the compliance process because it is the only key to avoid suspension. 

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