A revoked sponsor licence is highly detrimental to business operations heavily reliant on employing skilled overseas workers. However, a business can take a number of legal steps against an effectively revoked sponsor licence. This guide will give you clarity on the legal process that follows after a sponsor licence revocation.
Understanding the Reasons for Revocation
When a sponsor licence is revoked by the Home Office, it provides a full notice setting out the grounds upon which that decision has been reached. These may include sponsorship duties that haven't been complied with, which may consist of accurate record-keeping or reporting significant changes to the Home Office. It is crucial to carefully read the notice to understand any particular issues that must be addressed.
Seek Legal Advice Immediately
It is, therefore, incumbent to take legal advice at the earliest opportunity. Maintenance of a sponsor licence is a common issue handled by immigration solicitors, and such experts can help with the next step forward in this procedure. They will not only analyse the Home Office's reasons for revocation but can also develop a strategy to challenge the decision. They are expert firms that deal with this type of case and may give personalised advice and representation.
Making Representations to the Home Office
To appeal a revoked sponsor licence, the first step will be to approach the Home Office with representations. This will be by way of writing a detailed response to the allegations, which includes evidence to cover and rebut concerns raised by the Home Office. The representations should demonstrate compliance with all sponsorship duties, correcting any areas of non-compliance that have been identified.
Administrative Review
In case the initial request does not result in the reinstatement of the sponsor licence, then administrative review jumps into action. Some other team at the Home Office shall review the decision made earlier. Indeed, such a review will not mean reinvestigation but will ensure the decision is fair and lawful. Where chances of success are involved, the need to engage successful solicitors cannot be overemphasised to practically improve the chances of a positive outcome.
Judicial Review
If the representations are unsuccessful or not permitted, the next step could be to pursue a judicial review. A judicial review is a process whereby the court reviews the legality of the procedure that the Home Office uses to reach its decision. In essence, a court will consider whether the decision was lawful, reasonable, and that proper procedure was followed. Preparing for this will require a comprehensive legal strategy and substantial supporting evidence to present any challenge.
Re-applying for a Sponsor Licence
Wherever the efforts to overturn the revocation fail, the businesses can resort to re-applying for sponsor licence. The new sponsor licence application must clearly illustrate the flaws that caused it in the first place. The application should highlight enhanced processes and systems to ensure compliance with sponsorship obligations.
Ongoing Compliance and Monitoring
This means that a business needs to ensure strict adherence to the sponsorship obligations in the future to avoid future revocations. This is clear evidence that a business will have to conduct regular audits, maintain high standards of record-keeping, and make reports of any changes promptly to show conformity to the requirements stipulated by the Home Office. Keeping up-to-date with any changes in the law of immigration and seeking regular advice from a qualified lawyer may also be useful in ensuring compliance to avoid potential problems.
Conclusion
By following the steps outlined above and seeking specialist legal advice, businesses can successfully challenge the revocation of a sponsor license and continue benefiting from the employment of skilled overseas workers.
Challenging a revoked sponsor licence involves some critical steps, from making representations to possibly making a sponsor licence application for judicial review; timely action and professional legal support are important when dealing with such a complex process. If one requires expert advice in challenging a revoked sponsor licence, then A Y & J Solicitors are here to help their clients with an experienced team that can offer help and guidance on how to get one's sponsor licence back under UK immigration law.