Suspended sponsor licence?

When your licence is suspended, it means that:

• You cannot issue new CoS to sponsor migrant workers in any routes for which you are licensed.
• You cannot make any changes to your nominated Authorising Officer or Key Contact or add new Level 1 Users.
• Your organisation will be removed from the public register of sponsors.
• Existing migrant workers in your employment are not affected immediately, and those already granted entry clearance will still be able to enter and work for you, provided your licence is not revoked by the time they travel.
• You must continue to comply with all sponsorship duties, including record-keeping and reporting, even during the suspension period. If your licence is due to expire during this time, you must still apply for renewal if you wish to continue sponsoring workers in the future.

Common Reasons for Suspension

A sponsor licence may be suspended for various reasons, including:

• Non-compliance during a UKVI compliance visit: UKVI may identify areas of concern during a routine compliance visit or following a complaint. This could be triggered during licence renewal or if suspicions of non-compliance are reported to UKVI.
• Failure to provide requested information: When applying for a licence renewal or during an audit, failure to provide requested documents or information in a timely manner can result in suspension.
• Breach of sponsorship duties: Sponsors must ensure that all sponsored workers meet the necessary criteria for their roles, conduct right to work checks, and maintain accurate records of workers’ employment and visa status. Failure to adhere to these requirements could lead to suspension.

Your Sponsorship Duties

As a sponsor, you have several key duties to fulfill:

1. Sponsoring migrant workers:
   • Ensure that all prospective recruits have the necessary skills, qualifications, and professional accreditations to perform their job roles.
   • Only assign CoS to workers for jobs that meet the skill level, pay, and visa criteria.
2. Conducting right to work checks:
   • Check the right to work of all new employees, regardless of nationality.
   • Carry out follow-up checks for employees with time-limited right to remain in the UK and retain clear, compliant records of these checks.
3. Monitoring and reporting:
   • Maintain records of employees’ immigration status, contact details, and attendance.
   • Report significant changes in your business, such as mergers or change of address, and report issues like unauthorised absences or changes in employment status to UKVI.

For more information on sponsorship compliance duties and preparing for a UKVI visit, see our Compliance & UKVI Vists section.

How to Respond to a Suspension

How you respond to a sponsor licence suspension will depend on the specific reasons for the suspension, as detailed in the suspension notice you receive from UKVI. Here are key steps to take:

• Review the suspension notice carefully: Understand the reasons for suspension and the specific areas of non-compliance that need to be addressed. You will usually have 20 working days to respond.
• Submit any missing documentation: If the suspension is due to missing information or documents, ensure you provide them as quickly as possible, along with an explanation for any delay.
• Rectify non-compliance issues: If the suspension is based on failure to meet sponsorship duties, such as not conducting right to work checks or reporting worker absences, take immediate steps to address these issues and provide evidence of compliance in your response.
• Seek expert legal advice: Engaging an immigration specialist may help ensure that your response is robust, addressing each issue raised in the suspension notice to maximise your chances of having the suspension lifted.

Outcomes of the Suspension Review

After you submit your response, UKVI will review your case and decide on the next steps. Possible outcomes include:

1. Licence Reinstatement:
   If UKVI accepts your response and remedial actions, your sponsor licence may be reinstated with either:
   • An A-rating, meaning your licence is fully restored, and you can continue sponsoring workers without restrictions.
   • A B-rating, meaning you can continue sponsoring existing workers but will not be able to sponsor new workers until you meet the conditions of an action plan.
2. Action Plan for B-rating:
   If your licence is reinstated with a B-rating, you will be issued an action plan that outlines specific steps you need to take to regain your A-rating. You will also be required to pay a fee for this action plan, and you must meet the conditions within a specified timeframe (usually 3 months). If you complete the action plan successfully, your licence will be upgraded to an A-rating. However, failure to complete the action plan may result in licence revocation.
3. Licence Downgrade or Revocation:
   If you fail to meet your sponsorship duties or comply with the action plan, your licence may be downgraded to a B-rating or even revoked. If your licence is revoked, all sponsored workers will have their visas curtailed, meaning they may have to find alternative employment or leave the UK. A revoked licence means you will not be able to apply for a new sponsor licence for at least 12 months.

Maintaining Compliance

It is critical to continuously meet the UKVI sponsorship requirements, including:

• Regularly updating your HR systems to track employee attendance and immigration status.
• Reporting any changes to your organisation, such as mergers or changes in address.
• Conducting regular internal audits to ensure compliance with all sponsorship duties, especially before licence renewal or if a compliance visit is anticipated.