A sponsor licence suspension is certainly not a good sign for your organisation’s growth.
The Home Office sends a suspension letter for your sponsor licence only when it is a bone of contention and behind it grave concerns of the Home office pertaining to your business.
Generally speaking, when met with a suspension notice from the Home Office you have two options to take, either respond to the Home office, challenging the allegations put forth on your business and prove it through substantial evidence, or you respond to the Home Office accepting the allegations.
In either case, the work is demanding and could lead to sponsor licence suspension or downgrading of your sponsor licence rating.
Understanding a sponsor licence suspension causes
Preferably, when the Home office approves your sponsor licence application, you concur for sponsorship duties and obligations to the Home office.
Inability to conform to your sponsorship obligations might bring about Home office concerns and giving such letters of suspension notice against your business.
The most basic and common reasons behind a choice by the Home Office to suspend the sponsor licence are:
- Not offering a genuine job opening to overseas workers
- Inability to pay the worker as per the sponsor licence guidance
- Helpless HR arrangements and methodology, leading to poor recruitment ways and often illegal migrant activities.
- Inability to follow record-keeping obligations or to report important changes of situation to the Home Office
- Hiding the data from the Home Office
- Breaches of any kind that is conducive to public good and wider UK laws.
When sponsor licence suspension is activated, it applies to all the visas,
The business won’t be allowed to issue any Certificate or declaration of sponsorship and it will be disallowed from supporting new migrant workers. Any CoS extended before the suspension with an application forthcoming will be required to be postponed until a decision is made by the Home Office on the suspension.
Your business will likewise be eliminated from the public register of sponsors for the length of the suspension time frame.
You should keep on following all sponsor licence obligations all through the time of suspension.
In the event that your licence is expected to lapse during this period, you should in any case apply for a licence renewal if you wish to hold the permit past its expiry date. While applying for renewal a fresh licence application needs to be made with the required sponsor licence application fees.
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What happens when your licence gets suspended?
In the event that the Home Office chooses to suspend a Sponsor License, the business will get notice recorded as a hard copy specifying the purposes behind the suspension.
You get 20 working days to react to the suspension letter with any alleviating contentions as well as documentation to help its defence to the purposes behind the suspension expressed by the Home Office. Any extra reasons distinguished by the Home Office for the suspension will bring about a further 20 working days reaction time.
In the event that the Home Office chooses to disavow the sponsor licence, it will tell the organisation in writing. There is no right of allure against this choice, and a sponsor cannot re-apply for a permit for a time of one year from the date of the renouncement or suspension. The main choice to challenge the Sponsor License suspension is through Judicial Review, a lengthy and costly measure. Therefore, it is urgent that Home Office correspondence identifying with the suspension and/investigation is rapidly and appropriately taken and initiated within time.
A Y & J Solicitors are leading immigration solicitors based in London. Their bespoke services will enable you to timely renew your licence without the fear of suspension.
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