All those working migrants in UK receive a Certificate of Sponsorship (Cos) from their employer in order to work in that organisation. But what if the UK sponsor license of the employer gets revoked?
What to do if you are an employee
Firstly, you will have to leave your job and leave the UK in such a situation unless you are applying for a new visa to stay in the UK. How it affects you depends on whether you are in the UK or outside the UK when the sponsorship license of your employer is revoked.
If you are in the UK, your certificate of sponsorship is cancelled and the visa is limited to 60 days – or however long you have left on the visa if it is less than 60 days. Unless you make a new visa application within that period, you will have to leave your job and the UK. If you are the reason why the sponsor license has been revoked, you will have to leave UK immediately and your visa will be withdrawn.
If you are outside the UK then you can check the status of the sponsor license on the register of sponsor before you leave for the UK. You will not find your sponsor listed if their sponsor license has been revoked.
What to do if you are an employer
When a company with sponsorship license fails to adhere to range of responsibilities on an ongoing basis then the Home Office may downgrade, suspend or revoke their UK Sponsor license.
Below are three actions that you can take as an organisation to mitigate the impact and consequences of a Tier 2 or Tier 5 Sponsor License being revoked.
Pay attention to a sponsor revocation or suspension letter
If you receive a letter from the Home Office stating that it is considering revoking your license then you must pay attention to it. In such a situation, you have 20 working days from the date of the letter to respond. You must respond in writing.
Only in some exceptional circumstances may the deadline extended by the Home Office. No hearing will take place, but you may provide written statements and other evidence to support your response.
Consult professional advisors to address Home Office concerns
Points-based system sponsorship can be extremely complex and this is why you must seek support from expert advisors. If you fail to meet your sponsor duties and the Home Office notices, then they may set out strict criteria for you to meet in order to improve your HR systems. If you fail to meet the conditions set out by them, they have the discretion to downgrade or revoke your license.
When your Tier 2 and 5 Sponsor License is revoked, it will not only affect your business – it can also lead to severe penalties for employees in your company holding a Tier 2 visa. The Tier 2 employee’s leave could be curtailed, and- if they cannot find sponsored employment with another Sponsor License holder – then they may have to leave their job and the UK.
So, in order to prevent adverse action from the Home Office, you must ensure HR systems are in order before you apply for a UK Sponsor License. You must also maintain criteria on an ongoing basis for your HR system else your license may be revoked.