UK Immigration Lawyers Report on Changes to When the Home Office Can Revoke a Sponsor Licence
On 31 December 2024, the Home Office published updated versions of its Guidance to sponsor licence applicants and holders.
UK business owners were already aware that the Home Office focus has moved from licence renewals to enforcement. It therefore comes as no surprise to either sponsor licence holders or UK Immigration Lawyers that the Home Office has taken the opportunity to make changes to its Guidance on sponsor licence revocation.
If your business needs immigration legal advice on sponsor licence management or is concerned about the potential for your licence to be suspended or revoked our specialist Sponsorship Licence Lawyers can help.
UK Online and London-Based Immigration Solicitors and Sponsorship Licence Lawyers
For sponsor licence application, management and licence problem shooting advice call OTS Solicitors on 0203 959 9123 or contact us online.
The updated Home Office Guidance on sponsor licence revocation
The updated sponsor licence Guidance on revocation is in the ‘Workers and Temporary Workers: guidance for sponsors part 3: sponsor duties and compliance.’ The full Guidance can be accessed here.
The updated grounds for sponsor licence revocation
In Annex C2, the Guidance lists the circumstances when a Home Office caseworker will normally revoke a sponsor licence.
Three extra grounds have been added:
- Recouping certificate of sponsorship fees from a sponsored worker - the revocation ground says ‘’You assign a Certificate of Sponsorship to a Skilled Worker on or after 31 December 2024 and you have asked that worker to pay some or all of the charge for it, or you have recouped, or attempted to recoup, some or all of the charge for it from them’’.
- Recouping sponsor licence and admin fees from a sponsored Skilled Worker Visa holder - the revocation ground says ‘’You are licensed on the Skilled Worker route and you have asked a worker you are sponsoring to pay some or all of the sponsor licence fee (including the fee for adding the Skilled Worker route to an existing licence) and/or an associated administrative cost (including any premium services), or you have otherwise recouped, or attempted to recoup, by any means, some or all of the fee and/or cost from them – this applies where you recoup, or attempt to recoup, any such fee or cost on or after 31 December 2024’’.
- Personal capacity – the revocation grounds says you have assigned a Certificate of Sponsorship to sponsor a worker in a personal capacity
Normal not mandatory grounds to revoke
The Home Office has both mandatory and discretionary grounds for sponsor licence revocation. These three additional grounds are ones where the result will normally result in revocation but there is an element of discretion.
Although it may be hard to persuade a Home Office official not to follow the normal route and revoke a sponsor licence it is best to take urgent immigration legal advice if you think your business may have made one of these errors. UK Immigration Lawyers can review and assess what representations can be made on your behalf to persuade the Home Office to exercise discretion and not revoke your licence.
The impact of sponsor licence revocation
Immigration Solicitors are emphasising to all sponsor licence holders the importance of keeping up to date with changes to the Home Office Guidance and with sponsor licence compliance because of:
- The increased enforcement action by the Home Office
- The additional reasons why a licence can be revoked
- The effect of sponsor licence revocation on your business
- The personal effect of sponsor licence revocation on business owners and key personnel
- The impact of sponsor licence revocation on your sponsored workers
Sponsorship Licence Lawyer's recommendations and help
Some sponsoring employers may not have reviewed their HR and recruitment policies or their employment contracts for some time. Our Sponsorship Licence Lawyers recommend that you do so and update them as necessary.
In addition, in an age of increased Home Office enforcement activity, you may want to question if you need to move from the in-house sponsor licence management to either a fully professional Sponsor Licence Management Service by OTS Solicitors or explore the benefits of additional legal support from a trusted legal advisor.
Our Sponsor Management Solicitors can help with:
- Immigration Law Training
- Mock audits
- Advice to key personnel on their roles
- Specific advice on certificate of sponsorship allocation
- Audits before announced Home Office audits
- Representations to the Home Office if your sponsor licence is at risk of suspension or revocation
- Advising on sponsor licence case plans
- Challenging a suspension or revocation
- Making the case for a reduced cooling-off period
Our Legal 500 recommended Immigration Solicitors in London can help your business navigate the new immigration rules and Guidance to help you ensure that your sponsor licence is not placed at risk of enforcement action and revocation.
UK Online and London-Based Immigration Solicitors and Sponsorship Licence Lawyers
For sponsor licence advice management and revocation advice call OTS Solicitors on 0203 959 9123 or contact us online.
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