Downgrading, suspension, revocation and surrender of Workers and Temporary Workers sponsor licences
Produced in partnership with Shahjahan Ali of DAC Beachcroft

The following Immigration practice note produced in partnership with Shahjahan Ali of DAC Beachcroft provides comprehensive and up to date legal information covering:

  • Downgrading, suspension, revocation and surrender of Workers and Temporary Workers sponsor licences
  • Mandatory and discretionary circumstances
  • Important note on terminology: definition of ‘you’ or ‘your’
  • What are the different sponsor licence ratings?
  • What is the effect of a licence downgrade?
  • When will the Home Office downgrade a licence?
  • What steps will the Home Office take if it is considering downgrading a licence?
  • How will the Home Office deal with any response from the sponsor?
  • What happens if a sponsor does not respond in time?
  • When will a downgrade take effect?
  • More...

Downgrading, suspension, revocation and surrender of Workers and Temporary Workers sponsor licences

This Practice Note deals with the ways in which a sponsor in Workers and Temporary Workers routes can lose its licence or have it limited. These are:

  1. downgrading

  2. revocation

  3. suspension

  4. surrender by sponsor, or

  5. reduction of Certificate of Sponsorship (CoS) allocation.

The relevant Home Office guidance for sponsors is set out in the Workers and Temporary Workers Sponsor Guidance.

In R (New London College Ltd) v Secretary of State for the Home Department (SSHD); R (West London Vocational Training College) v SSHD, the Supreme Court held that the Immigration Act 1971 provides a general statutory authority for the SSHD to administer a sponsor licensing system, including vetting sponsors, by way of rules which do not require to be laid before Parliament. Only mandatory criteria which relate to a person's qualifying for entry clearance, permission to enter or permission to stay must be laid before Parliament as Immigration Rules. See Practice Note: The legal status of the Immigration Rules and Home Office policy for more details on the legal basis of the sponsor licence regime and how requirements set out in the guidance should be treated.

The Practice Note: Challenging Workers and Temporary Workers sponsor licence decisions by way of judicial review looks at the mechanism of challenging a negative decision in judicial review, including principles that

Popular documents