What happens after a Home Office compliance visit?
The Home Office may conduct sponsor licence inspection visits on work premises in instances where an application for a first sponsor licence is made or when a sponsor licence is being renewed.
When the Home Office visits your business premises they are generally looking for the following:
- General sponsor duties are being met
- Sponsors are updating the Home Office of changes
- The employee is employed for a genuine vacancy
- Necessary HR systems are in place
- The sponsor is abiding my immigration rules
- Checking the accuracy of information provided by the sponsor in the application form
Once you have had a site visit from the Home Office you will receive notification of the outcome of the visit. The outcome possibilities could include the following:
• The sponsor licence application will be approved or, in the case of an existing sponsor, they will maintain their current licence status
• Refusal of the sponsor licence application or, in the case of an existing sponsor, they may:
- have their allocation of CoS or CAS reduced or removed
- be downgraded to a B-rating and be issued with a time-limited action plan
- for Tier 4 sponsors, be issued with a time-limited action plan (downgrading to a B-rating does not apply to Tier 4 sponsors)
- have their licence suspended
- have their licence revoked
If a sponsor is downgraded to a B-rating, an action plan will be put in place. If a sponsor wants to accept the B-rating, they must agree to the time bound action plan, commit to making improvements set out in the action plan and pay a fee.
Licence revoked or suspended
If the sponsor licence is revoked, it means that the sponsor cannot sponsor migrant workers. Additionally, the sponsor licence key personnel, directors and owners of the company cannot make another sponsor licence application for 12 months. This means that any migrant workers who hold relevant visas who are working with the sponsor will have their visa curtailed.
If a licence is suspended, the Home Office must lay out why they have made this decision and the sponsor will have an opportunity to respond. It is advised that companies take legal advice immediately if they have been suspended, as the licence may be revoked if the company does not respond to the suspension decision.
Should you have any queries regarding the above information or if you require assistance with your corporate, employment or immigration matter, please get in touch with a legal professional at Hudson McKenzie via email at email@example.com or by telephone +44(0) 20 3318 5794.
The information provided does not amount to legal advice.