If UKVI believe you are breaching your duties and pose a threat to immigration control, for example, assigning CoS to migrants who do not qualify to come to the UK, UKVI may suspend your licence while they make further enquiries.
You will not be able to assign any CoS while your licence is suspended. You must continue to comply with all sponsor duties and any requirements set out in this guidance, throughout the period of suspension. If your licence is due to expire during the period of suspension, you must still apply to renew it if you want to keep it.
If your licence is suspended, it is suspended in all the tiers and categories you are licensed under and UKVI will remove your entry from the public version of the register of sponsors during the suspension period. Migrants who you are sponsoring at the time of the suspension won’t be affected, unless we decide to revoke your licence.
If UKVI decide to revoke your licence, UKVI will write to you to tell you of this. There is no right of appeal and you won’t be allowed to apply for a sponsor licence again until the end of the appropriate cooling off period from the date your licence is revoked.
If UKVI decide not to revoke your licence we will lift the suspension and reinstate your entry on the public version of the register of sponsors on the GOV.UK website.
What happens if my sponsor licence is reinstated after being suspended?
If your licence has been suspended and UKVI do not later revoke it UKVI will
reinstate it either as an A-rating or a B-rating.
If UKVI reinstate your licence with a B-Rating you will not be given a further 20
working days to reply as this process will have been completed during the
period your licence was suspended.
Re-instatement with a B-rating means you must comply with an action plan.
We may also reduce, or set to zero, the number of CoS you are allowed to
assign. The ‘Sponsorship action plans’ section has more information on action
What happens to my sponsored migrants if my licence is suspended?
You will not be able to assign any certificates of sponsorship (CoS) when your licence is suspended.
While your licence is suspended, if a migrant makes an application supported by a valid CoS that you assigned before your licence was suspended, we will not decide their application until the reason for suspension has been resolved, unless the application falls for refusal on other grounds (including where we consider that the job is not a genuine vacancy).
If you are an endorsing body under the Tier 1 (Graduate Entrepreneur) route and a migrant applies for Tier 1 leave with a valid letter of endorsement from you, we will not decide the case until the reason for the suspension has been resolved, unless the application falls for refusal on other grounds.
If a migrant has already been granted entry clearance on the basis of a CoS assigned by you but they have not yet travelled to the UK, they will be allowed to enter the UK and start working for you. We advise all migrants to check the status of their sponsor’s licence before they travel.
During the time that your response is being prepared or considered, we may tell migrants who have been assigned a CoS by you that you are suspended from the sponsor register, however, we will not disclose the reasons why.