On What Grounds Can The Sponsorship Licence Be Revoked & Can You Appeal?
A Tier 2 Sponsor Licence allows employers to bring in staff from outside of the European Union to work in their business. This option allows you to draw from a wide pool of potential staff from all around the world. Many employers use this option as a way to bring in the specialist staff that they need but may struggle to employ from the British domestic market. Strong compliance is required to hold a Tier 2 Sponsor Licence and failure to ensure compliance can lead, in the end, to revocation of your Tier 2 Sponsor Licence. This revocation can have a knock-on effect on not only your business, but also your staff who rely on your company's sponsor licence to remain in the country. In this article we're going to look at the Tier 2 Sponsor Licence and what happens if it is revoked.
What is the eligibility criteria for a Tier 2 Sponsor Licence?
The criteria for a Tier 2 Sponsor Licence is actually quite straightforward. You need to ensure that you're of good character (no unspent convictions or immigration related issues) and that your HR systems are up to scratch in order to cope with the requirements of managing staff who come from outside of the European Union and rely on your business to remain in the UK. If these are in place then you should be able to gain a Tier 2 Sponsor Licence and be able to provide prospective employees with a Certificate for Sponsorship (CoS). Then the would-be staff are able to apply for a Tier 2 General Visa, which if approved allows them to travel to the UK to live and work.
Gaining a Tier 2 Sponsor Licence really is only a small part of the work involved in holding and maintaining a Tier 2 Sponsor Licence, a high level of compliance is often a lot trickier than getting a licence in the first place. If you are struggling to maintain your Tier 2 Sponsor Licence requirements and need some help, please get in touch and our immigration specialists can help you to ensure compliance.
On what grounds can a Tier 2 Sponsor Licence be revoked?
In essence the Home Office will look to revoke a Tier 2 Sponsor Licence if they conclude that the holder cannot comply with its duties. Significant breaches will include the failure to keep accurate records and not keeping the Home Office updated with any changes that affect your members of staff - for instance if they leave the country for longer than the prescribed period, or they leave your employment. You must inform the Home Office within 10 days of any significant change, failure to do this can result in your Tier 2 Sponsor Licence being revoked.
Having a Tier 2 Sponsor Licence revoked can be a huge problem for not only your business but also your staff. The impact can be devastating to you, your business and your staff. You must always aim to remain compliant and we can help you to achieve this. Our team have years of experience helping Tier 2 Sponsor Licence holders remain compliant. Trust us to help keep you on the right side of the law. Many of our clients rely on us to keep them compliant and we can help you to remain so too.
What can I do to avoid a Tier 2 Sponsor Licence being revoked?
In general the only way to avoid a sponsor licence being revoked is to ensure complete compliance. We understand that this isn't always easy, but it is a significant part of having a Tier 2 Sponsor Licence. The Home Office shows a zero tolerance approach to companies that mismanage their Tier 2 Sponsor Licence and there is little in the way of wiggle room with the Home Office on this subject.
We can help you to ensure that your systems are fully compliant, and if not help you get up to scratch. Our immigration service gives your business one less thing to worry about and ensures that you are able to maintain your employees ability to remain in the UK. Indeed it is not only your business that relies on a Tier 2 Sponsor Licence - it is also your staff. Your failure to maintain your Tier 2 Sponsor Licence can have a significant impact on the life of your staff.
Can I appeal?
No, unfortunately If the Sponsor Licence is revoked, there is no right of appeal before the First-Tier Tribunal (Immigration and Asylum Chamber) and therefore the only recourse to challenge any such decision would be to bring a claim for a Judicial Review against the Home Office before the Upper Tribunal (Immigration and Asylum Chamber) who will be sitting as the High Court for this type of Judicial Review claim.
This inability to appeal is one of the heaviest downsides of having a Tier 2 Sponsor Licence and if you are worried about the potential of losing yours, or perhaps you need help with implementing the systems required to manage your staff data correctly, please get in touch. Our experienced team can help you to set up HR systems that can ensure that the management of your Tier 2 Sponsor Licence is as easy as possible and ensures long-term compliance
Where can I get more help?
If you need help with a Tier 2 Sponsor Licence holder enquiry or indeed any other immigration problem, please get in touch and our immigration solicitors will be able to help look into your case to see if there are ways that we can help. We can also look at improving your current systems to ensure greater compliance. So for help or advice please get in touch and our expert team will be happy to help you.