By Thomas Hill – Pupil Immigration Barrister
UK-based firms that maintain a sponsor licence can sponsor international workers to dwell and work within the UK below the Skilled Worker or Global Business Mobility immigration routes. In its revealed steering, nevertheless, the Residence Workplace makes clear that the power to sponsor migrant employees is “a privilege, not a right”. An organization is simply permitted to carry a sponsor licence if the Residence Workplace is glad that it’s complying, or will comply, with the numerous duties and responsibilities that include having one.
When applying for a sponsor licence, subsequently, it’s crucial that an organization demonstrates that it’s able to complying with its sponsor duties, and if the applying is granted, will certainly accomplish that. That is doubly vital if the corporate has beforehand had an utility for a sponsor licence refused, and nonetheless extra so if it beforehand held a licence however had it revoked. In these eventualities, the Residence Workplace will have a look at any recent utility with a very watchful eye, and there are further concerns that the corporate will want to remember, together with the potential of a cooling-off interval.
What Is a Sponsor Licence Cooling-off Interval?
Firms should not essentially free to use for a sponsor licence at any time. In sure circumstances, they might be topic to a “cooling-off period” – a window of time throughout which they won’t be able to make a profitable utility. Making use of throughout a cooling-off interval will result in an automated refusal, with no alternative for discretion.
A cooling-off interval could also be imposed within the following circumstances:
- A earlier utility for a sponsor licence has been refused
- A sponsor licence that was held beforehand has been revoked (or surrendered while compliance motion was happening with the intention of avoiding revocation)
- You will have been issued with a civil penalty from a specified record
- You will have been convicted of a prison offence from a specified record
Who Does a Cooling-off Interval Apply To?
You will need to word {that a} cooling-off interval doesn’t simply apply to the corporate, particular person or authorized entity that was the topic of the refusal, revocation, civil penalty or conviction. Fairly, it could apply to a variety of individuals related with the enterprise, together with any:
- Proprietor
- Director
- Key Personnel or proposed Key Personnel (i.e. any Authorising Officer, Key Contact, Stage 1 Person)
- Particular person concerned within the day-to-day working of the enterprise
It’s subsequently essential to verify that no one who is linked to the enterprise in any of these methods is topic to a cooling-off interval. If they’re, this could result in the licence utility being refused.
How Lengthy Is a Sponsor Licence Utility Cooling-off Interval?
The size of a cooling-off interval depends upon the explanations for which it’s imposed.
In the event you beforehand had a sponsor licence utility refused, there will likely be no cooling-off interval if:
- your utility was despatched by a consultant;
- you didn’t present paperwork or info we requested by a particular deadline for causes exterior your management; or
- you utilized to be licensed on the Scaleup route and your utility was refused solely as a result of you don’t meet the definition of a ‘qualifying Scale-up sponsor’
In the event you beforehand had a sponsor licence refused and not one of the above apply, you’ll be topic to a cooling-off interval of 6 months.
The place you have got beforehand held a sponsor licence that has been revoked (otherwise you surrendered it while compliance motion was happening to keep away from revocation), you’ll ordinarily be topic to a cooling-off interval of 12 months. A 12 month cooling-off interval additionally applies when you have got been issued with a civil penalty for using an unlawful employee, or multiple civil penalty for letting residential premises to an grownup with no proper to hire. Any civil penalties will have to be paid off in full earlier than a recent utility will be made.
Extra quite a few civil penalties and expenses can result in a cooling-off interval of as much as 5 years. Components that can decide the size of the cooling-off interval embrace the variety of penalties imposed, the variety of unlawful employees/disqualified adults concerned, the quantity of the penalties, the extent of cooperation with the Residence Workplace or related authorities, and the velocity with which any fines had been paid, or the extent of compliance with any settlement to pay fines in instalments. Once more, any civil penalties will have to be paid off in full earlier than a recent utility will be made.
Penalties or expenses for carrying clandestine entrants, carrying passengers with out correct paperwork, or bringing passengers to the UK in breach of an authority to hold scheme will result in an automated 5 12 months cooling-off interval.
The place greater than one of many circumstances above is relevant, the longest of the related cooling-off intervals will apply.
Submitting a New Sponsor Licence Utility
If you’re glad that your corporation will not be topic to a cooling-off interval, or any related cooling-off interval has expired, you’ll be able to at that stage make a recent sponsor licence application.
After all, the very fact you might be permitted to use isn’t any assure that your utility will likely be profitable. Quite the opposite, an utility will have to be significantly thorough in exhibiting that the necessities for sponsorship are met.
A key a part of this will likely be to point out that the explanations for the earlier refusal or revocation not apply. If, for instance, the Residence Workplace was not glad that your corporation had appropriate HR techniques in place to watch the actions of migrant employees, you would want to reveal the precise modifications you had carried out to deal with this. There’s a sturdy chance that the Residence Workplace will conduct a compliance go to as a part of the applying course of.
The worst case situation is that the recent utility can also be refused, and the enterprise is topic to an additional cooling-off interval. Nevertheless, as long as you submit an in depth and cautious utility that demonstrates that the necessities for a sponsor licence are met, this may be prevented.
Contact our Immigration Barristers
A sponsor licence revocation or refusal will be critically damaging to a enterprise within the brief or long run, and fairly often submitting a recent utility as quickly as doable will likely be a matter of urgency. Nevertheless, you will need to take each precaution to make sure that the brand new utility has the best doable possibilities of success. For skilled recommendation and help in relation to a sponsor licence utility, or recommendation following a revocation or refusal, contact our Immigration Barristers on 0203 617 9173 or full our enquiry kind under.
