Understanding Sponsor Licence Suspension
Knowing the reason why the licence has been suspended is the first step towards addressing a sponsor licence suspension. The Home Office can suspend, amongst others, for insufficient compliance with its sponsor duties, deficient record-keeping, or employing workers who do not meet necessary requirements. A notice of suspension from the Home Office would outline the exact breaches or concerns. We strongly recommend that you read this notice carefully – you will need to answer each of its points in full detail.
This action or suspension is just temporary, done to warn the sponsor, and it provides a good opportunity for the sponsor to correct the failings in compliance. While being suspended, the company is being blocked from submitting an application for a new CoS. However, existing sponsored employees may continue working, and their visa terms and conditions will still apply. However, the suspension needs to be addressed as soon as possible to prevent revocation since the latter is permanent and will result in sponsored employees having their visa curtailed, thus forcing them to leave the UK, except if another sponsorship is secured.
Actions to Take On-Spot When Suspended
- Acting Promptly upon Receipt of Suspension Notice
The first thing one needs to do to get a suspension notice is to acknowledge receipt as soon as possible. You usually have about 20 working days within which you must respond to the Home Office, so the clock will have already started ticking. Confirm that you have received the notice and will write a detailed response within the specified timeframe. Delays and absence of response could worsen things, with the possibility of the Home Office going ahead with revocation without further ado.
- Request and Review the Compliance Report
In cases where the sponsor licence suspension follows a compliance visit, request a copy of the Home Office's compliance report and associated documents. These should be reviewed in detail so that you can fully understand the basis for the Home Office's concerns so your response can ensure all the issues are addressed. It is crucial that you scrutinise the Home Office's behaviour during their investigation, as any procedural irregularities or unreasonable inferences may give birth to your defence.
- Detection and Remediation of Compliance Failures
Identify from the suspension notice being served the exact areas of non-compliance. The most common areas of non-compliance that may lead to suspension include carrying out poor right-to-work checks, needing to update employee records, and lack of reporting changes in employee circumstances. Once these are identified, immediate remedial action is taken to correct such areas.
- Improve Recordkeeping of Your Employees
- Improve the Process of Notifying the Home Office
- Strengthen the Right-to-Work Checks
Write a Response to the Home Office
The written response to the Home Office is of critical importance, and the response should comprehensively deal with each of the points raised in the notice of suspension. How to begin writing the response and organise the content of the response:
Acknowledge Mistakes: If your business has done something wrong, then do not try to hide it; rather, admit to it. The decision can be influenced positively if the Home Office is willing to make changes and is transparent about mistakes. Describe how each arose accurately and state precisely what action has been or will be taken to address it.
Demonstrate Evidence of Remedial Actions: Please let us know how you considered rectifying the issue. It should be in the form of either new policy documents with revisions or the number of training meetings; highlight this with examples from staff training on compliance or screenshots of improved HR systems. The well-organized evidence should go directly to the issues raised.
Commit to Future Compliance: Outline steps that will be taken to ensure continued compliance to demonstrate an organisation's genuine commitment to upholding high-order standards. This may be done, for example, through periodic internal audits, adding more compliance officers, or hiring external immigration consultants to audit your processes periodically.
This video briefly explains to you what you can do after getting a suspension and how to deal with the whole situation.
Prevention of Future Suspension
The phrase "prevention is better than the cure" cannot be more relevant than in compliance with sponsor licences. Here is what your business may proactively take up to avert future sponsor licence suspensions rather than treatments afterwards:
Regular Audits: Establish systematic internal audits of your HR and compliance processes to ensure that all sponsor duties are met. This will include verifying the company's compliance with the right-to-work tests, record keeping, and reporting.
Personnel Training: It is also a way of ensuring that the personnel involved in the management of the sponsor licence, as key stakeholders, receive adequate periodic training in their roles, such as the Authorizing Officer and level 1 users. It will also be crucial to ensure that they are always informed about the changes in the immigration rules and the sponsor’s responsibilities to meet the legal requirements.
Engage external experts: Immigration consultants or legal professionals should be consulted from outside to go through your compliance measures on a regular basis. For this reason, such professionals are well-placed to give you valuable insights, identify potential areas of non-compliance, and propose best practices that will keep your sponsor licence in good standing.
Implement Robust Document Storage Systems: Employ digital solutions to help store records in an organised manner so they can be easily accessed when required. This should cover detailed records regarding all sponsored worker information, right-to-work checks belonging to them, and the process of recording changes in employment status.
Get Professional Assistance
If a sponsor licence is suspended, it is a severe matter, and the situation must be rectified immediately. By fully understanding the reasons behind such a suspension, by taking immediate and far-reaching corrective measures, and by putting strict compliance measures in place, a business can begin the process of trying to have the suspension of its licence lifted and secure its licenced status to continue to sponsor skilled foreign nationals. If you have received a notice of sponsor licence suspension or need compliance assistance, then you should consult with A Y J Solicitors right now. Kindly contact us today and help your business stay legal with the UK immigration laws, thus continuing to leverage the pool of talent from all over the world.
A Y J Solicitors is a specialist immigration law firm with extensive experience with your sponsor licence suspension. We have an in-depth understanding of immigration law and are professional and results-focused. For assistance with your visa application or any other UK immigration law concerns, please contact us at +44 20 7404 7933. We’re here to help!
