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A sponsor licence suspension can be a challenging situation for businesses sponsoring migrant workers in the UK. It's essential to handle this situation promptly and carefully to minimize disruption and regain sponsorship privileges.
Below is a detailed guide to help you navigate the process:
Understanding the Situation:
- Notification: The Home Office will notify you of the sponsor licence suspension through an official letter outlining the specific reasons for the action and the timeframe for responding. This timeframe is typically 20 working days.
- Impact: During the sponsor licence suspension period, your organization cannot:
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- Assign new Certificates of Sponsorship (CoS)
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- Sponsor new migrant workers
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- Renew existing CoS for sponsored workers approaching their visa expiry date
Immediate Action:
- Seek Legal Advice: Considering the complexities involved, it's strongly recommended to consult with a solicitor specializing in immigration law. They can guide you through the sponsor licence suspension process, analyse the suspension notice, and advise you on the best course of action.
- Understand the Reasons: Carefully review the suspension notice to understand the specific concerns raised by the Home Office regarding your sponsor licence. Identifying the root cause of the sponsor licence suspension is crucial for addressing it effectively.
- Gather Evidence: Compile evidence and documentation to address the Home Office's concerns regarding the sponsor licence suspension. This may include:
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- Addressing any compliance issues identified by the Home Office related to your sponsor licence.
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- Providing additional information or clarifications related to the suspended sponsor licence.
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- Demonstrating measures taken to rectify any non-compliance issues related to your sponsor licence.
Responding to the Sponsor Licence Suspension:
- Prepare a Detailed Response: Within the 20-day timeframe, prepare a comprehensive response outlining:
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- Acknowledgement of the sponsor licence suspension and the reasons stated by the Home Office.
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- Detailed explanations addressing each concern raised by the Home Office regarding your sponsor licence suspension, supported by evidence if applicable.
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- Steps your organization has taken or will take to address the non-compliance and ensure future compliance with your sponsor licence duties.
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- Demonstrating your understanding of the sponsor's duties and commitment to fulfil them.
- Submit your Response: Submit your response electronically through the Sponsor Management System (SMS) or by post as per the instructions provided in the suspension notice.
Additional Points to Consider:
- Continuing Sponsor Duties: Even during the sponsor licence suspension period, your organization remains obligated to fulfil its existing sponsor duties towards your currently sponsored migrant workers. This includes reporting changes in their circumstances, maintaining records, and ensuring their continued legitimate employment.
- Sponsor Licence Renewal: If your sponsor licence is due for renewal during the suspension, you should still submit the renewal application through the SMS. However, the renewal decision may be delayed until the sponsor licence suspension is resolved.
- Compliance: Regardless of the outcome, prioritize implementing measures to ensure compliance with all sponsor duties and UK immigration regulations to prevent future issues and avoid further sponsor licence suspensions.
Remember, this information is for general guidance only. Seeking legal advice from a qualified immigration solicitor is crucial to navigating the specific details and complexities of your sponsor licence suspension case, improving your chances of a successful outcome.
