A UK-based care and development organisation, now client of ours faced a major challenge when its sponsor licence was suspended following a Home Office compliance audit.
The organisation had originally obtained its sponsor licence to employ care workers under SOC code 6135 (Care workers and home carers), based on advice from a previous representative.
At the time, it was not registered with the Care Quality Commission (CQC). However, the licence was granted on 1 October 2024 under revised Home Office rules, supported by a formal letter from the CQC confirming that registration was not required for the organisation’s specific activities.
The organisation’s work focuses on supporting individuals with disabilities, including learning difficulties, autism, and mental health challenges, through educational, developmental, recreational, and social activities. It does not provide regulated personal care.
During a later compliance audit, the Home Office raised several concerns:
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The organisation was sponsoring care workers without CQC registration.
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The job roles might not be genuine vacancies.
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There were potential discrepancies between the business activities and the SOC codes used.
This resulted in immediate suspension of the sponsor licence, severely affecting the organisation’s ability to sponsor key staff and continue its services.
Relevant Policy Guidance
According to the Workers and Temporary Workers: Sponsor a Skilled Worker guidance (updated 31 December 2024):
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SK2.7: Sponsors wishing to employ workers under occupation codes 6135 or 6136 in England must:
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Be conducting at least one regulated activity; and
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Hold active registration with the Care Quality Commission (CQC).
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SK2.8: Sponsors must also provide details of working locations, regulated activities, and the CQC registration number, which is verified online.
In this case, the Home Office was already aware that the organisation had submitted a CQC letter confirming that registration was not required.
Despite this, the sponsor licence and CoS applications had been approved. This created a legitimate expectation that the organisation could continue sponsoring under SOC code 6135 without needing CQC registration.
Our Approach & Outcome
We submitted detailed representations addressing each point raised by the Home Office. Following review of the evidence, the Home Office accepted that the organisation had not breached its sponsor duties.
Decision
The sponsor licence was reinstated with immediate effect, allowing the organisation to continue sponsoring care workers under SOC code 6135 without the need for CQC registration.
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