Sponsor License Revocation: A Comprehensive Guide

A sponsor license allows your business to attract skilled talent from outside the EEA and Switzerland. However, it comes with the responsibility to meet specific duties as outlined in the sponsor guidance. Failing to fulfil these obligations can lead to severe consequences, including the revocation of your sponsor license.

Understanding Your Sponsor Duties

The Workers and Temporary Workers guidance for sponsors (Part 2 and Part 3) is essential for understanding your sponsor duties, which include:
Genuine Vacancy and Fair Recruitment: Demonstrate a genuine need for the sponsored position and conduct a fair recruitment process, prioritizing settled workers before resorting to sponsorship.
Salary Compliance: Ensure sponsored workers are paid the minimum salary threshold as specified by the sponsor guidance.
Meticulous Record-Keeping: Maintain accurate records of sponsored workers, including employment contracts, payslips, and immigration documents.
Prompt Reporting: Report any changes regarding sponsored workers, your business, or key personnel promptly to the UKVI.

Grounds for Sponsor License Revocation
The Home Office can revoke your sponsor license for various reasons, including:
Knowingly Providing False Information: Misrepresenting facts during the application process or failing to report crucial changes.
Serious Criminal Offences: If the sponsor or a key individual is convicted of a serious criminal offense.
Persistent or Significant Breaches of Sponsor Duties: Repeated or major breaches of your sponsor duties.
Ceasing to Operate: If your business ceases to operate in the UK.

The Revocation Process: What to Expect
If the Home Office suspects breaches of your sponsor duties, they may conduct a compliance check. This can involve requesting documents, interviewing staff, or visiting your workplace.
If a breach is identified, a Notice of Suspension will be issued, outlining the concerns and your right to respond. Seeking legal advice at this stage is crucial. Kings Court Law’s experienced immigration lawyers can help you craft a robust response within the allocated timeframe.
Following your response, the Home Office will make a final decision. If they proceed with revocation, a Notice of Revocation will be issued, detailing the reasons and the effective date of revocation.

Consequences of a Revoked License: The Fallout
A revoked sponsor license has significant consequences, including:
Sponsorship Freeze: You are barred from sponsoring new migrant workers.
Impact on Existing Workers: Existing sponsored workers may have a grace period to find new sponsorship or leave the UK, disrupting your workforce and operations.
Reputational Damage: A revoked license can damage your company’s reputation, hindering future talent attraction.
Cooling-Off Period: A mandatory waiting period of at least 12 months before a new sponsor license application can be submitted.

No Right of Appeal? So what Next? Exploring Your Options
Sponsor license revocation is undoubtedly stressful, but with the right guidance, you can move forward. Kings Court Law can assist you with:
Understanding the Revocation Decision: Analyzing the decision and explaining the specific reasons behind it.
Challenging the Revocation (if applicable): There is no right of appeal against a decision to revoke a sponsor licence. However, We can advise on the merits of applying for Judicial Review of a revocation decision and get your license reinstated.
Preparing for Re-Application (After Cooling-Off Period): In some cases, we may advice against applying of a Judicial review upon a thorough assessment of your case. however, we can always as in preparing a strong new sponsor license application that addresses the reasons for the previous revocation after the cooling of period.
Ensuring Future Compliance: Helping you implement robust procedures to ensure ongoing sponsor compliance and minimize future risks

Don’t Wait – Contact Kings Court Law Today
Kings Court Law understands the complexities of sponsor license revocation and the disruption it causes. We are here to help you navigate the situation and explore potential solutions. Our strong success rate in sponsor license reinstatement highlights our expertise.

Contact us today at office@kingscourtlaw.com to schedule a consultation and discuss your specific situation. We will work with you to chart a clear path forward.

Remember, early intervention is key. Kings Court Law is your trusted partner in overcoming sponsor license revocation.