As the Home Office intensifies action against non-compliant sponsors, businesses holding a sponsor licence should review their immigration processes to avoid enforcement risks.

A recent case handled by DavidsonMorris highlights these concerns. A care home group employing over 50 sponsored workers faced a sponsor licence suspension following a Home Office compliance visit in May 2024. By August, the licence was suspended due to two main issues: alleged non-genuine vacancies and a failure to report delayed worker start dates.

Consequences of Sponsor Licence Suspension

Licence suspensions are serious, potentially leading to revocation of the licence. In this case, a revocation would have resulted in over 50 workers losing their jobs and possible care home closures, affecting both staff and vulnerable residents.

Legal Strategy

We were instructed to act urgently. After securing copies of inspection interview records, initially handwritten and illegible, we obtained a typed version and an extension to the response deadline.

1. Genuine vacancies

The Home Office alleged that a healthcare assistant was working as a chef. We gathered statements and supporting evidence confirming the role aligned with the Certificate of Sponsorship (CoS). Our defence was accepted.

2. Late start dates

We successfully challenged one reported delay and supported the sponsor in updating the others. New systems were also introduced to prevent future issues.

Outcome

Following our response, the suspension was cancelled, safeguarding employment and care provision.

Key Takeaways for Sponsors

Sponsored duties

Workers must perform only the duties listed under their SOC code. Changes within the same code must be reported via the Sponsor Management System (SMS) within 10 working days. If the role changes SOC code, a new visa application is required.

Start date reporting

If a worker’s start is delayed by more than 28 days beyond the CoS or visa issue date, it must be reported on the SMS. Failure to do so may result in suspension.

General Compliance Advice

Sponsors should:

  • Maintain robust reporting systems
  • Train staff managing the licence and workers
  • Support workers in understanding visa conditions
  • Respond swiftly to any Home Office communication

If You Receive a Suspension Notice

Given the Home Office’s targeted enforcement, especially in the care sector, early action is crucial. Contact our sponsor licence team immediately. Have all relevant documents ready and ensure key individuals are available to give statements.

For help with sponsor compliance or responding to a licence suspension, speak to us today.