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Immigration Corner | What happens to an employee when the sponsor loses their licence

Published:Tuesday | January 24, 2023 | 12:25 AM

Dear Mr Bassie,

I am considering taking up a job offer in the United Kingdom (UK). I would like to know what would happen if my employer lost their sponsor licence after I accepted the offer.

Please assist if you can.

YY

Dear YY,

Persons will have to leave their jobs and leave the UK if the employer loses their sponsor licence – unless they make a new visa application to stay in the United Kingdom.

Please note that persons could also be affected if:

• Their employer’s licence is suspended;

• Their employer’s entity is taken over;

• Their employer does not renew their licence.

What happens to the employee will depend on whether he/she is already in the United Kingdom when the employer’s sponsor licence changes.

EMPLOYEE INSIDE THE UK

When a sponsor loses their licence, their certificate of sponsorship is cancelled and the employee’s visa is limited to 60 days (or however long he/she has remaining on the visa if it is less than 60 days).

Please be aware that persons will have to leave their jobs and the United Kingdom unless they make a new visa application within that time. Persons should first check their eligibility for visas.

If employees are involved in the reasons why their sponsor lost their licence, those employees visas will be withdrawn and they will have to leave the United Kingdom immediately.

If the sponsor’s licence is suspended and the employee has already travelled to the United Kingdom but has not started work, he/she can start work; and if the employee is already working, then he/she can continue to work. If the employee has applied to extend his/her visa, the application will not be processed until the suspension ends.

EMPLOYEE OUTSIDE THE UK

If persons are outside the United Kingdom and the sponsor’s licence is suspended, they should check the status of their sponsor’s licence on the register of sponsors before travelling to the United Kingdom – the sponsor will not be listed if it has lost their licence or it has been suspended.

If the sponsor loses their licence and the prospective employee has applied for a visa, it will be refused. If the employee has a visa but has not travelled to the United Kingdom, the visa will be cancelled and that person will not be permitted to enter if he/she travels there.

If the sponsor’s licence is suspended and the prospective employee has applied for a visa, then the application will be put on hold until the end of the suspension. If the person has a visa but has not travelled to the United Kingdom, then he/she will be contacted by UK Visas and Immigration.

IF THE SPONSOR’S BUSINESS IS TAKEN OVER OR THE LICENCE IS NOT RENEWED

Just for completeness, as stated before, a person’s visa will be limited to 60 days or however long they have left on the visa, if it is less than 60 days, if the employer does not renew their sponsor licence. This will also apply if following a takeover of the persons old employer’s business, the new employer does not apply for a sponsor licence within 28 days.

Persons will have to leave their job and leave the United Kingdom, unless they make a new visa application. Within that time, persons should check their eligibility for visas.

Please note that the employee’s visa will be cancelled if he/she has permission to go to the United Kingdom but have not yet travelled. Those persons will not be allowed to enter if they travel to the United Kingdom.

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the global president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com