I want to share my experience these days with Tier 2 Sponsor Licence suspension and revocation.
We have lately helped more than 20 corporate companies to re-instate their Tier 2 Licence from suspension/revocation state.
What does this mean?
It means they retained their Tie 2 Sponsor Licence, and they kept their skilled, non-European workforce, allowing their business to continue to run smoothly.
Here’s what is happening:
The Home Office is now visiting many more companies and organisations to inspect whether these Sponsor Licence holders are complying with their Sponsor Licence duties.
They will visit your company, announced/unannounced, to conduct a compliance check.
The Home Office will check your record keeping policy, reporting policy and genuine vacancy, you have in place. If they find you are not compliant with your sponsorship duties, they have the right to either suspend your licence or revoke it if they feel it is justified.
In the case of suspension, The Home Office will give you 20 working days to respond. If you fail to address the issues raised in the suspension letter then, they can revoke your Sponsor Licence without any right of appeal. This means you lose the right to sponsor NON-EU skilled staff.
If your Tier 2 licence was to be revoked then the only course of action was to challenge the decision, via a Judicial Review proceeding, if any merit.
Let me share two case studies with you.
1st case study is about a leading IT consultancy firm who had their Tier 2 Licence suspended with allegations of poor record keeping, not having genuine vacancy and supplying labour.
In order to resolve this suspension, we provided unlimited legal support/advice and submitted the representation to the Home Office within the 20 working days deadline.
We had an outstanding result of all the hard work by getting our client’s Tier 2 licence re-instated.
Here is the copy of the positive decision. (watch the video).
A second case study was of a Tier 2 Sponsor Licence revocation.
A leading multinational IT company had their Tier 2 Licence revoked alleging noncompliance with their record keeping of recruitment process.
When Tier 2 licence gets revoked then Step 1 is to submit a letter before claim also known as pre-action protocol (PAP) letter. If letter before claim (i.e. PAP) was to fail, then the next step is to lodge an application for a permission for Judicial Review.
In our case, after we lodged an application for Judicial review for this client, The Home Office re-instated our client’s Tier 2 sponsor licence unconditionally and sent a consent order for our client to withdraw JR. The Home Office also paid our client reasonable cost.
Here is the copy of the positive decision. (watch the video).
We have great deal of experience resolving Tier 2 Sponsor Licence suspension and revocation matter.
If you are facing similar issue, please get in touch with us today. Our details are at the bottom of this video. We’re always happy to help.
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