Tier 2 Licence Suspended / Revoked – IT Company?
As many IT companies are becoming aware, it is increasingly difficult to employ staff on the basis of Tier 2 sponsorship. Increasingly the licence is either being suspended or, in more extreme cases, revoked entirely. If this could happen, or has happened, to you, you need to know where you stand.
The reasons a licence is suspended or revoked are numerous. It can relate to everything from the Resident Labour Market Test (or RLMT) to the fact that the quota set for the Restricted Certificates of Sponsorship have been consistently exceeded, especially in recent months.
Whatever the reason is, at its core, suspension or revocation of a Tier 2 Licence is designed to limit or stop threats to UK immigration control that may be posed by a sponsor company who is not fully complying with its obligations as a sponsor.
The UKs immigration policies and procedures are constantly changing. What applies today, won’t necessarily apply tomorrow. You need to be constantly at the top of your game to stay one step ahead of the changes, particularly if you’re an employer and especially when it comes to the Tier 2 Sponsor Licence.
The most common reason cited is that the company with the Tier 2 Sponsor Licence has neglected their responsibilities to adhere to the process on an ongoing basis and is supplying labour. The authorities can really beginning to clamp down on any discrepancies that are being highlighted. Many people believe that the constant tightening of immigration rules is having an adverse effect on the company’s ability to manage their responsibilities.
It’s important to remember that any action taken by the UK Border Agency may also affect the migrants who are being sponsored (or in the process of being sponsored) by that company. The implications on the applicant can range from no action to immediate cancellation of leave. Clearly the ramifications are serious and far-reaching for all concerned.
It’s also worth noting that a decision by the Home Office to refuse a Tier 2 sponsor licence or to suspend, downgrade or revoke an existing sponsor licence, does not attract a right of appeal.
If your Tier 2 Sponsor Licence has been affected by suspension or revocation, the highly specialised team at YDVISAS is always on hand to talk about your particular set of circumstances and recommend a way forward. Give us a call today.