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.
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.
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.
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.
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
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.
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Tier 1 Investor Visa - Business Immigration
Investing over 2 million pounds is defintely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers that we'd be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind.
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Citizenship Application - UK Naturalisation
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Immigration Visa - Citizen of United Kingdom
The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help.
UK Settlement Visa
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I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation.
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I used Reiss Edwards� immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them.
Indefinte Leave to remain - Individual Immigration - UK Settlement
It's a shame that you dont have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service. I would recommend them over and over again for anyone looking for an immigration advice. They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards.
Tier 2 Visa application - UK Work Visas
This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again.
I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle.
Tier 1 Investor Visa - Business Immigration
My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team.