UK Government Cracks Down on Fire and Rehire – but what does it mean for employers?
Posted on February 27, 2023
UKVI is constantly assessing and checking if employers are meeting their sponsor licence obligation and duties, and if not, they may take action that prevents them from continuing to sponsor overseas workers. Employers may have their licence suspended, downgraded or revoked for non-compliance. In this post, we look at what to do if your sponsor licence is downgraded, suspended, or revoked.
What to do if your sponsor licence is downgraded
Following a compliance visit, UKVI may decide to downgrade your sponsor licence from an A-rating, the default for all new licences, to a B-rating. There are a number of reasons why this may happen, including a compliance officer finding minor issues with your sponsor licence compliance. As a B-rated sponsor, you will not be able to issue any new Certificates of Sponsorship until you have your A-rating re-instated.
Action to take
What to do if your sponsor licence is suspended
When a licence is suspended, an employer is no longer able to issue new Certificates of Sponsorship (CoS). There are a number of reasons why sponsor licences may be suspended, including a breach of sponsorship duties.
Action to take
What to do if your sponsor licence is revoked
There are an array of reasons why the Home Office may revoke your sponsor licence, such as a serious or systematic breach of sponsor duties or if your business poses a threat to immigration control. If your licence is revoked, you are no longer able to sponsor overseas workers, and any existing visas for sponsored workers will be cancelled.
Unfortunately, there is no right of appeal against a decision to revoke your licence and you will not be able to apply for another sponsor licence until 12 months from the date of revocation.
We hope that you have found this post on ‘What to do if your Sponsor Licence is Downgraded, Suspended, or Revoked’ useful.
Our immigration experts are able to provide advice and guidance in relation to a sponsor’s duties. Contact us here to learn more.
The material contained on this website contains general information only and does not constitute legal or other professional advice and should not be relied upon as such. While every care has been taken in the preparation of the information on this site, readers are advised to seek specific legal advice in relation to any decision or course of action.
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