IT Company Has Tier 2 Sponsor Suspended, We help to Reinstate with ‘A’ Rating
Tier 2 Sponsor Licence was Important as IT Company Relies on Skilled Sponsored Workers
KCU is an IT company that has held a Tier 2 Sponsor Licence for many years. They are a growing software applications development and consulting company. The company offers the services of Project/Product implementations for clients under the sectors of finance, marketing, logistics, sales & distribution, HR & payroll, and networking & web portals.
KCU needs employees with multiple IT & consulting skills who can work in different environments and they rely on their skilled Tier 2 migrant workers to meet the needs of their clients. The revocation of their Tier 2 license would have a substantial and crippling effect on this business which has taken a great deal of effort to build.
On 27th September 2016, the company was visited by representatives of the UK Visas & Immigration (UKVI) to assess its suitability as a registered sponsor. Following the visit, KCU was suspended from the Tier 2 Register of Licensed Sponsors by letter dated 23rd December 2016 (“the Suspension Letter”).
Lengthy Sponsor Licence Suspension Letter Raises Many Concerns
Acting as an employment agency
At paragraphs 2-13 of the Suspension Letter, the UKVI concluded that the Company was acting as an employment agency supplying work to third-party organisations with no control over the duties of their sponsored workers, who were identified in paragraph 2. There was a reference to Paragraphs 5.7, 5.8, 38.45, 38.46 and 38.48 of the Tier 2 Sponsor Guidance.
No genuine vacancy
At paragraphs 14-19 of the Suspension Letter, the UKVI concluded that KCU had no control over their sponsored workers’ duties by not providing the Compliance Officer with evidence of the work undertaken by them. The UKVI also noted the absence of evidence to corroborate the control of the Company over the duties of those employees.
Lower skilled job duties
At paragraphs 20-24 of the Suspension Letter, the UKVI concluded that, in light of the absence of evidence to corroborate the work undertaken by sponsored workers, ‘[W]e cannot be satisfied that the duties they are undertaking are at the required skill level’ which is NQF Level 6. (paragraph 20)
Record Keeping and Recruitment
At paragraphs 30-45 of the Suspension Letter, the UKVI took issue with the Company’s application of the Resident Labour Market Test (“RLMT”), in the context of the recruitment of the role of VMware engineer and message broker developer.
The UKVI concluded that the Company had no intention of employing anyone other than Mr CR and Mr P to fulfil the relevant roles and these roles had been created to facilitate their stay in the UK.
Migrant Tracking and Monitoring
At paragraphs 46-54, the UKVI concluded that the KCU had breached its Sponsor Licence obligations by failing to have a process in place to monitor sponsored worker’s absences and ensure that the Level 1 user could report any non-attendance or significant changes via SMS.
At paragraph 55-60 of the Suspension Letter, the UKVI recorded their concerns that the Company did not have an adequate process in place to monitor their employees’ visa expiry dates.
Maintaining Migrant Contact Details
At paragraphs 61-67 of the Suspension Letter, concerns were raised as to the Company’s failure to demonstrate sponsored workers’ contact details were always up to date and they had retained a history of their contact details.
Response Provided by A Y & J Solicitors Resolves Tier 2 Sponsor Licence Suspension
A Y & J Solicitors were instructed by this IT company to assist them in preparing a response to the suspension letter from the UKVI within 20 working days. We provided unlimited legal support/advice in preparing the representations, advised on documents and information required from the sponsor to address all issues, submitted the legal representation to the UKVI, and liaised with them until a decision was made on the Tier 2 suspension matter.
We carried extensive detailed and intense work, such as requesting the interview notes that the UKVI used to prepare the suspension letter, scrutiny of the interview notes to understand and assist our client and brainstorming additional relevant supporting documents our client could submit to strengthen the case.
The result was outstanding and KCU’s Tier 2 licence ‘A’ rating was re-instated.
Of course, every case is decided on its own merits, and the outcome of each case depends on the quality of information/documents. We are well placed to resolve our client’s Tier 2 suspension/revocation matters through our extensive experience and expertise in this area.