Q&As

If an individual who has a visa as a dependent spouse of a sponsored migrant informs their employer that their spouse’s sponsor failed to renew their sponsor licence, but their and their spouse’s leave has not yet been cancelled, will they still have a right to work; and what risks are there for the employer?

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Published on LexisPSL on 01/04/2021

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • If an individual who has a visa as a dependent spouse of a sponsored migrant informs their employer that their spouse’s sponsor failed to renew their sponsor licence, but their and their spouse’s leave has not yet been cancelled, will they still have a right to work; and what risks are there for the employer?

If an individual who has a visa as a dependent spouse of a sponsored migrant informs their employer that their spouse’s sponsor failed to renew their sponsor licence, but their and their spouse’s leave has not yet been cancelled, will they still have a right to work; and what risks are there for the employer?

The Practice Note: Conditions of permission to enter or stay in the UK confirms that people granted permission to enter or stay in the UK for a limited period frequently have conditions attached to their permission. These can include restrictions on work, occupation, study or claiming public funds, and a requirement to register with the police.

A condition of permission can restrict or prohibit certain activities or access to certain services in the UK. It can also make a specified action mandatory. Section 3(1)(c) of the Immigration Act 1971 provides that any, or all, of the following conditions may be attached to a person’s grant of limited permission to enter or stay in the UK:

  1. a restriction on work or occupation in the UK

  2. a restriction on study in the UK

  3. a requirement to maintain and accommodate themselves and any dependants without recourse to public funds

  4. a requirement to register with the police

  5. a requirement to report to an immigration officer or the Secretary of State for the Home Department (SSHD),

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