Immigration Corner | Effects on visa holder when an employer loses sponsor licence

Dear Mr Bassie,

I have been offered a job in the United Kingdom and my prospective employer has told me that they currently have the necessary licence to sponsor my visa. My question is, what will happen if my sponsor loses the licence? Please advise me as I would like to make an informed decision.

S.J.

Dear S.J.,

Persons who hold visas because of sponsorship by United Kingdom employers, prospective or otherwise, will have to leave their job and leave the United Kingdom if their employer loses their licence. To avoid this, these persons would need to make a new visa application to stay in the United Kingdom.

It is worth noting that persons could be affected if: the employer's licence is suspended; the employer is taken over by another employer; the employer does not renew the license.

What happens to the employees will depend on whether they are already in the United Kingdom when their employer's sponsor licence changes.

To be specific, if persons are already over there when their sponsor loses the licence, their: certificate of sponsorship will be cancelled; visa is limited to 60 days, or however long they have left on the visa if it is less than 60 days. Furthermore, persons will have to leave their job and leave the United Kingdom, unless a new visa application is made within that time. Persons should also check their eligibility for visas prior to applying.

Please note that if the sponsored employee is involved in the reasons why the sponsor has lost their licence, then that person's visa will be withdrawn and he/she will have to leave the United Kingdom immediately.

In the case where a sponsor's licence is suspended and the employee has travelled to the United Kingdom but has not started work, then he/she will be permitted to start work. If the person has already started working, he/she can keep working and, in a situation where at that time the employee has applied to extend their visa, their application will not be processed until the suspension ends.

CHECK STATUS

It is advisable that if persons are outside of the United Kingdom, they should check the status of their sponsor's licence on the register of sponsors before travelling. It should be noted that sponsors will not be listed if they have lost their licence or if it has been suspended.

If the sponsor has lost their licence and an application for a visa is made, then it will be refused. In the case where the employee already has a visa but has not yet travelled to the United Kingdom, then that visa will be cancelled and the employee will not be allowed to enter the United Kingdom if he/she travels there.

If the sponsor's licence has been suspended and persons have applied for a visa, the application will be put on hold until the end of the suspension. In the case of a suspended licence where the prospective employee has a visa but has not travelled to the United Kingdom, he/she will be contacted by United Kingdom Visas and Immigration.

As previously stated, in the situation where a sponsor's business is taken over or the licence is not renewed, their visa, will be limited to 60 days, or however long is left on the visa if it's less than 60 days, if: the employer does not renew the sponsor licence; following a takeover of the old employer's business and the new employer does not apply for a sponsor licence within 28 days. Also, persons will have to leave the job and leave the United Kingdom, unless a new visa application is made within that time. It is worth repeating that the visa will be cancelled even if permission has been granted to go to the United Kingdom; but if persons have not travelled as yet, they will not be allowed to enter if they travel there.

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 and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com