Importance of Sponsor Obligations
This course pertains to employers who secure a sponsor licence under the skilled worker category to sponsor foreign nationals for work visas. Upon becoming sponsors, they commit to fulfilling a set of “obligations” owed to the Home Office. These obligations are of utmost importance. Failure to comply could lead to suspension or even revocation of the sponsor licence. Therefore, as a representative, it is crucial to ensure that your clients fully understand and adhere to these requirements.
The Home Office may discover instances of non-compliance through routine visits or through received information. Upon gathering evidence of a sponsor not meeting their obligations, the Home Office may suspend the sponsor licence pending further investigations. During this suspension period, the sponsor may be prohibited from sponsoring additional workers, and ongoing applications may be paused.
Following investigations, the Home Office has several courses of action. They may reinstate the licence, downgrade it from an A to a B rating, or revoke the licence altogether. If the sponsor licence is revoked, sponsored workers may have their leave curtailed, necessitating their departure from the UK or finding a new sponsor within 60 days of the curtailment notice being served. If their visa has less than 60 days remaining, they are permitted to stay until its expiration.
Revocation of the sponsor licence results in the sponsor being removed from the register of sponsors. Additionally, there is a cooling-off period of 12 months during which the sponsor cannot reapply for a new licence.
There is no right of appeal against a decision to revoke a sponsor licence. The sole recourse for an employer is to explore the possibility of judicial review of the revocation decision. An example of such a challenge concerning the previous Tier 2 licence is seen in R (SRI Lalithambika Foods Ltd) v Secretary of State for the Home Department [2019] EWHC 761 (Admin).
This course will cover essential sponsorship obligations that sponsors must prioritize, strategies for preparing for compliance visits, and how to manage interactions with the Home Office in case of compliance issues.
