Sponsorship license is generally granted for a period of four years subject to the condition that the sponsor continues to fully comply with the sponsorship duties and takes appropriate actions as required. The UKVI reserve a right to pay a surprise visit to any employer having sponsorship license to ensure that the sponsor is fully compliant with the rules and regulations of the license.
Having a sponsorship license therefore is not the end of the process, it is in fact beginning of commitment of compliance of all the rules and procedures that the sponsor makes to the UKVI. The sponsors in fact shares the burden of immigration control with the UKVI and is penalized by suspension and or revocation if it is found that the sponsors has failed to comply with the duties that they have been entrusted to.
The UKVI has provided full details of all aspects of the duties and responsibilities of the sponsor and failure to adhere even to a single duty may lead to suspension and later revocation of the sponsorship license.
The UKVI visit to the Sponsor’s Premises
The UKVI is not under a duty to inform prior to making the visit to the sponsor’s business premises however we have experienced that in some cases they do inform the employers, in most cases they do not. It is therefore really important to have everything in place at all times and to keep a strict check on even a seemingly insignificant matter, like change of home address of the point based migrant or change of salary.
The Home office team would be keen to look at the paperwork that the sponsors are required to keep in their business premises, to review the holiday records, annual leave records, recruitment process, salary details and also assess the genuineness of the job itself. They may also interview the point based migrants to know their version of employment and the company’s dealings. They also take the liberty to speak to the employees of the sponsor who are British citizens or EEA nationals in order to make a full assessment of the genuineness of the business, the hierarchy and the general dealings of the business.
Suspension of Sponsorship License
Once visit is complete, the sponsor receives a detailed report of the assessment made by the immigration officials along with the outcome of the visit.
If the UKVI team is fully satisfied with the compliance of the sponsor then no further action is taken and the sponsorship license of the sponsor remains in place. However, if they find any discrepancies, or non-compliance with the rules and procedures or any breaches of the sponsorship duties, they will suspend the sponsorship license with immediate effect and generally gives 20 working days to the sponsor to make any representations in response to the allegations made in the suspension letter.
It is extremely crucial to seek professional advice and services whilst preparing for the response of the suspension letter and arranging for the documents requested by the home office. We have vast experience in handling such matters and have been able to have the sponsorship licenses reinstated for our clients, depending on the allegations leveled against the sponsor.
It is extremely important to address each and every point one by one by providing reasonable explanation and or relevant documentary evidences in order to rebut the allegations. Our job is to weigh the explanations and documents provided by our clients against the allegations put forward by the home office and make appropriate representations in a way that can be fully defended in Judicial review, should the home office refuses to agree to our assertions or give proper weight to the documents or information provided.
The good thing is that the existing point based migrants can continue working for the sponsor during the whole process and their employments are not affected at all.
Outcome of the Representations made in response to the suspension letter
After giving full consideration to the representations made in response to the suspension letter and the documents provided therewith, the home office may choose to take one of the following actions:
- They may reinstate the sponsorship license – In this case, the point based migrants would be safe and could continue working for their employer.
- They may downgrade the sponsorship license to B category and give an action plan to be followed by the sponsor in order to upgrade to A category – In this case, the point based migrants would be safe and could continue working for their employer but the sponsor would not be able to sponsor any further employees until the sponsorship license gets upgraded to A category upon successfully following the action plan.
- They may refuse to accept the arguments put forward in the representations and revoke the sponsorship license of the sponsor – In this case, the sponsor would not be able to employ any point based migrants and the home office will also curtail the employee’s leaves to expire in 60 days (provided they have valid leave for more than 6 months).
The decision of revocation of sponsorship license does not come with a right of appeal and one has to challenge the decision in the High court by way of Judicial Review.
How our Immigration Lawyers can help you with dealing with Suspension of Sponsorship License?
Our team of UK Immigration Lawyers can expeditiously deal with the suspension of Sponsorship License. Mr Intisar Chauhan, Principal Solicitor at Chauhan Solicitors, is an expert Immigration Solicitor in London who has been dealing with UK Immigration Laws since 2003. Immigration Lawyers at Chauhan Solicitors shall provide you with best possible Immigration advice / consultation and accordingly prepare representations to address the issues raised in the suspension letter under the direct supervision of Mr Chauhan. After consultation, if you want us to start preparing your case, you can expect the followings from our Immigration lawyers;
- We are registered with Information Commissioner’s Office (ICO) for data protection that means our client’s information is confidential and safe with Chauhan Solicitors.
- Our Immigration offices are centrally and conveniently located in Wandsworth, south west London SW near Tooting Bec and Tooting Broadway Tube Stations on Northern Line, offering our clients easy access to our offices.
- Our Immigration lawyers are within just 20 minutes away from central London by tube.
- Our existing and past clients believe that we provided them value for money and that they can trust us with their immigration applications to the Home Office, Appeals to the Immigration Tribunals, Judicial Review applications etc. You may find our client’s reviews in the Testimonial section on our website or on Google.
- Our Immigration Lawyers shall discuss best course of action in length and advise you on the required documents and procedure of dealing with this matter.
- In the light of your consultation with Immigration Solicitors our Immigration Lawyers in London shall prepare your application form and make detailed representations on a covering letter on your behalf explaining your case efficiently and diligently to relevant Home Office. This may enhance your chances of success of the representations made in response to the suspension of the Company’s Sponsorship License.
- Our Immigration Lawyers have teamed up with the best Immigration Barristers in and out of London who are well equipped to advise on any complicated Immigration matter including Immigration or EEA application to the Home Office, Administrative Review to the Home Office, appeal to the Immigration and Asylum Chambers (IAC), High Court, Court of Appeal and Judicial Review applications in the UK.
- It will be our aim to keep you posted at all material times during pendency of your matter, for this matter our clients can log on our website and keep a close eye to the progress of their immigration matter at any time.
- Our fees are competitive and we charge you in your immigration matters on agreed fee basis.
- We shall never surprise you with hidden charges/fees.
We are just a phone call or an email away and are available at 0203 514 2536 or firstname.lastname@example.org and once in contact, be assured that you are in safe hands.