Revocation of a sponsor licence

Revocation of a sponsor licence

If you are a UK-based employer with a licence to sponsor non-UK citizens, you will be required to comply with the rules governing your licence. Breaching these rules and/ or failing to carry out the duties set out by the Home Office may result in revocation of your sponsor licence to hire foreign workers.

Reasons for Revocation

The Home Office may revoke a sponsor’s licence based on mandatory and discretionary reasons. These reasons could include (but is not limited to):

• Failure to carry out general sponsor duties
• Failure to comply with the Worker and Temporary Workers rules and guidelines as directed by the Home Office
• Knowingly providing false information on your sponsor application form to the Home Office
• If the Home Office find any discrepancies between information they hold and information they obtain during their check of your business

Implications of Revocation

Once the Home Office has revoked a sponsor licence, the following may apply:

• You may be removed from the sponsor of registers
• You may no longer be licensed to continue to sponsor employees or issue further Certificates of Sponsorships.
• Your sponsored employees may no longer work under your sponsor licence
• You will have no right of appeal against the decision to revoke your sponsor licence
• You will not be allowed to make a subsequent application for a sponsor licence until 12 months from the date your sponsor licence was revoked

Any sanctions applied to the revocation will be recorded by the Home Office.

How to avoid Revocation

Ensure to comply with the rules set out by the Home Office relating to your sponsor licence at all times. Furthermore, remain transparent and update the Home Office of any change of circumstances or details within the time limits. 

Most revocations come following a visit or audit by the Home Office, if you have a visit or audit, it is best to seek legal advise as soon as possible, preferably in advance of the visit.

Following the visit, if the Home Office have concerns, they may ‘suspend’ the Sponsor licence first, in the event that they do, then you will usually have 20 working days to respond to the decision to suspend and make further representations.  You should seek legal advice for assistance in preparing these representations.

Finally, if following your representations the Home Office make a decision to revoke the licence, you may still be able to make further representations to the Home Office or challenge by way of pre-action protocol and then judicial review of the decision.

You should seek legal advice if you require assistance with your compliance duties.

How BAYA Immigration can help

We can help you all the way through from compliance for PREVENTION of loss of sponsor licence, to responding to a suspension to advising you on the merits of applying for a Judicial Review of the revocation decision.

Perfect 20.03.2024