The immigration trends revealed by the update of the Home Office of UK have revealed that the license cancellations under the tier 2 class have been increased. The other data related to immigration scenario include the statistics of licenses for sponsorship, the visits conducted by the Home Office for assessing new applications, the suspended licenses for sponsorship and the revoked licenses.
The implication of a revocation is that the firm is eliminated from the registrar of sponsors. It means that the company cannot continue to the sponsorship of Tier 2 and Tier 5 non-EEA staff. The validity of the visas of the staff sponsored under these visas is reduced to 60 days to look for substitute sponsors.
The implication of a revocation is also that firm bosses, directors or managers cannot apply for a new license for a period of one year. Revocation is a result of the compliance visit by Home office to assess the areas of non-conformity, as quoted by the Eversheds.
It is followed by the postponement of the license if in case the issues are not instantly resolved for instance by submitting the legal papers that were not produced during the visit. Upon suspension, the firm has a very limited time to resolve the issues.
In the eventuality of the issues remaining unresolved, the consequences could be degradation of the license from A to B or revocation. In the eventuality of the license being revoked, no right of appeal exists and the only alternative is to approach the administrative court.
It has been revealed by the Home office data that the number of licenses that have been suspended has decreased, though the number of licenses that have been revoked has increased. Excluding least increase the first quarter of 2016 when the number of revocations was reduced to the lowest, the number of licenses that were suspended has been decreased to 175 from 217 in 2015.
The analysis of the association between revocations and suspensions, increased revocations in a quarter are preceded by high number suspensions in the previous quarter.
In the case of some firms, what initiates as a couple of small compliance problems can eventually conclude into a revocation of the funding license that is not appealable and the workers who were sponsored have to leave their jobs.
There are certain guidelines that can be of help to adhere to the compliance process. It is better if you audit your documents and also get them audited from a third party. If you can present the documents that are required by the Home office with ease, the process will be smoother for you.
All the documents have to be arranged and kept accessible. The documents required for various categories are mentioned in the Immigration Rules, Sponsor guidance and Appendix D for Tier 2 and 5. This makes it easier to keep ready all the necessary documents much in advance.