The following Immigration guidance note Produced in partnership with Shahjahan Ali of Pathfynder provides comprehensive and up to date legal information covering:
There are a number of ways in which a sponsor can lose its licence or have it limited. These are:
surrender by sponsor, or
reduction of Certificate of Sponsorship (CoS) allocation.
This Practice Note deals with suspension, licence surrender and CoS reductions.
The relevant Home Office guidance for sponsors is the Tiers 2 and 5 Sponsor Guidance (SG). The Modernised Guidance (MG) on PBS sponsor licensing—Maintenance and Points-based system compliance visits provide further details for Home Office caseworkers.
If the Home Office has reason to believe that a sponsor is breaching its duties and poses a threat to immigration control, eg in such a way as to engage either a discretionary or mandatory revocation circumstance, the sponsor’s licence may be suspended while further enquiries are made. See the MG on PBS sponsor licensing—Maintenance and on compliance visits for relevant guidance to Home Office caseworkers as to when and how to suspend a licence.
It is important to note that suspension of a licence is only an interim measure to enable the Home Office to make a proper decision in relation to whether a licence should be revoked. For information on the revocation process and consequences, see Practice Note: Downgrading and revocation of sponsorship licences under Tiers 2 and 5.
From 6 April 2015
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