The revocation of a sponsor licence raises many questions for both employers and employees under the Skilled Worker route.
Can sponsored migrants continue working for their employer?
What happens to their visa status?
This blog addresses these uncertainties, clarifies grey areas in the Home Office guidance, and provides practical tips for employers and employees navigating these challenges.
What is Revocation of a Sponsor License?
When an organisation is found in breach of its Sponsor Duties or the Home Office’s guidance, the Home Office can revoke its sponsor license.
This action results in the organisation losing both the ability to sponsor new migrant workers and the right to retain their current sponsored workers.
Additionally, revocation of the sponsor license may result in the curtailment of the leave or visas of the sponsored migrants.
Revocation significantly impacts sponsored migrants, creating uncertainty about their legal right to work in the UK and their next steps. Employers, too, must navigate this complex situation while ensuring compliance with immigration rules.
What is Curtailment?
Curtailment is a separate but related process that occurs following the revocation of a sponsor license. It involves the Home Office shortening the visa or leave to remain of sponsored migrants.
Migrants are typically granted a curtailment period of 60 days, during which they must:
- Seek a new sponsor.
- Apply for another visa category to regularize their stay.
- Leave the UK.
If a worker has less than 60 days remaining on their visa at the time curtailment action is considered, their permission will not be altered.
However, immediate curtailment can occur if the worker is found complicit in the reasons for the sponsor license revocation.
Understanding the interplay between revocation and curtailment is crucial for both employers and employees.
Also Read: Unpaid Leaves Could Cost You Your Sponsor License: Essential Compliance Tips For Employers
Can Sponsored Migrants Continue Working Post Revocation?
The Home Office guidance lacks clarity on whether employers can retain sponsored migrants after the sponsor license is revoked. This uncertainty led to confusion for both employers and employees. At NARA Solicitors, we proactively sought clarification from the Home Office and successfully resolved this grey area.
The Home Office confirmed:
- Sponsored workers can continue working for their revoked sponsor as long as they are performing the role for which they were originally sponsored.
- This is valid until they receive a curtailment notice and up to the date specified in that notice.
This clarification ensures that employers and employees have clear guidance on their rights and responsibilities.
Key Points for Employers and Sponsored Migrants
Continuing Employment: Sponsored workers can continue working for their employer post-license revocation, provided they remain in their original sponsored role. This is valid until the worker’s visa/leave expires or the date specified in the curtailment notice.
Understanding Curtailment: Curtailment notices typically provide 60 days for sponsored workers to make alternative arrangements. If less than 60 days remain on the visa, no further adjustments are made. Immediate curtailment applies only in cases of worker complicity in the revocation.
Employer Obligations: Employers must ensure ongoing compliance with immigration rules and verify that workers continue in their sponsored roles. Conducting regular right-to-work checks is essential to avoid legal risks.
Employee Responsibilities: Sponsored migrants must adhere to visa conditions, seek alternative arrangements promptly, and stay informed about Home Office updates.
Best Practices for Employers
Monitor Right-to-Work Checks Online: Employers should use the online right-to-work checking service monthly to ensure compliance. This practice helps avoid employing someone whose visa has been curtailed beyond the date specified in the curtailment notice.
Communicate Clearly: Notify employees of the implications of license revocation and curtailment notices.
Ensure Compliance: Maintain accurate records and adhere to immigration laws to mitigate risks.
Guidance for Sponsored Migrants
For sponsored workers, navigating the complexities of visa curtailment can be challenging. To protect your immigration status, consider these steps:
- Evaluate your immigration options, such as seeking a new sponsor or applying for a different immigration category.
- Pay close attention to the deadlines in your curtailment notice.
- Seek professional legal advice to understand your options and make informed decisions.
Conclusion
Understanding your rights and responsibilities as an employer or employee after a sponsor license revocation is critical. Employers can continue to retain sponsored migrants within the legal framework, and employees can plan their next steps confidently.
Also Read:
Sponsor License Reinstated after successful Judicial Review Victory, Safeguarding Client’s Business and Employees
Success Story: Suspended Sponsor Licence Reinstated for Care Provider
How NARA Solicitors Can Help
Our services include:
Sponsor Compliance and Audit Services: Stay fully compliant with immigration rules by opting for a Home Office-style compliance audit conducted by NARA Solicitors.
Sponsor License Management: Assistance in applying for, renewing, or managing your sponsor license while providing training and guidance to HR teams on compliance.
Representations Against Suspension or Revocation: Filing representations to help you retain your license and continue operations.
Judicial Review Challenges: Challenging sponsor license revocations in the High Court to address unlawful decisions.
For more information or to book a compliance audit or consultation, contact us
