What is the cooling-off period for revoked sponsor licence holders?
If a sponsor licence is revoked, it means that the sponsor cannot sponsor migrant workers. The Home Office may impose a “cooling-off period” if a licence is revoked which means that during this time, you will not be able apply for a new sponsor licence until the cooling-off period has lapsed. The cooling-off period is usually put in place for 12 months, however, the Home Office can impose a longer period, depending on the reasoning behind revoking the sponsor licence.
The cooling-off period is imposed on those companies who commit a serious breach of the rules. The following are examples of instances when the Home Office may need to revoke a licence:
- Providing false information in the sponsor licence application. Had the accurate information been provided, the licence would not have been granted.
- Employing illegal workers
- Failing to complete the correct right to work checks
- Employing a migrant who requires a visa who does not meet the required skill level for the role.
- Not providing the Home Office with the required/requested documents by the Home Office’s given deadline.
- Supplying incorrect information on the Certificate of Sponsorship (CoS) such as salary.
An action plan will usually be put in place when a sponsor licence is revoked. Action plans are issued to Tier 2, Tier 5 sponsors and skilled worker sponsors who have been B-rated after a Home Office compliance visit.
If a company has a compliance visit from a Home Office caseworker and the caseworker establishes that the company does not meet certain requirements as a sponsor, the caseworker may put these into an action plan. The action plan will detail any recommendations that should be made to meet Home Office standards.
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, if you require legal advice on this matter please contact one of our professionals at Hudson McKenzie.