Ques­tions on spon­sor­ship

Jamaica Gleaner - - IMMIGRATION CORNER - John Bassie John S. Bassie is a bar­ris­ter/at­tor­neyat-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 Im­migr

Dear Mr Bassie, I have re­cently been suc­cess­fully spon­sored by an em­ployer in the United King­dom. I would like to know what would hap­pen to me if my spon­sor loses their li­cence.

– K.S.

Dear K.S.,

Per­sons will have to leave their job and leave the United King­dom if the em­ployer loses their spon­sor li­cence, un­less per­sons make a new visa ap­pli­ca­tion to stay in the United King­dom.

Em­ploy­ees could also be af­fected if the spon­sor’s li­cence is sus­pended; if they are taken over; or if they do not re­new their li­cence.

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

If a per­son was al­ready in the United King­dom when his/her spon­sor loses their li­cence, the em­ployee cer­tifi­cate of spon­sor­ship would be can­celled. In ad­di­tion, that em­ployee visa is lim­ited to 60 days, or how­ever long the em­ployee has left on the visa if it is less than 60 days.

Also, per­sons will have to leave their job and leave the United King­dom, un­less they make a new visa ap­pli­ca­tion within that time. Those per­sons will need to check their el­i­gi­bil­ity for visas.

If per­sons are in­volved in the rea­sons spon­sors lost their li­cence, then their visas will be with­drawn and they will have to leave the United King­dom im­me­di­ately.

There are a num­ber of sce­nar­ios that may be played out if the spon­sor’s li­cence is sus­pended. If per­sons have trav­elled to the United King­dom to work, they will be al­lowed to start work­ing; if per­sons are al­ready work­ing, they will be al­lowed to con­tinue to work; or if per­sons ap­ply to have their visas ex­tended, their ap­pli­ca­tion will not be pro­cessed un­til the sus­pen­sion ends.

If per­sons are out­side of the United King­dom, it is ad­vis­able that the sta­tus of their spon­sor’s li­cence on the reg­is­ter of spon­sors is checked be­fore trav­el­ling. It should be noted that spon­sors would not be listed if they have lost their li­cence or if the li­cence is sus­pended.

There are also dif­fer­ent sce­nar­ios that may be played out if spon­sors lose their li­cence. For in­stance, if a visa ap­pli­ca­tion is made it will be re­fused; if per­sons have visas but have not trav­elled to the United King­dom, those visas will be can­celled and those per­sons will not be al­lowed to en­ter if they travel to the United King­dom.

If per­sons are out­side of the United King­dom and the spon­sor’s li­cence is sus­pended and if those per­sons have ap­plied for a visa, their ap­pli­ca­tions will be put on hold un­til the end of the sus­pen­sion; or if per­sons have a visa but have not trav­elled to the United King­dom, those per­sons will be con­tacted by United King­dom Visas and Im­mi­gra­tion.

If the spon­sor’s busi­nesses are taken over or they do not re­new their li­cences, the ap­pli­cant’s visas will be lim­ited to 60 days, or how­ever long they have left on the visa if it is less than 60 days. This is also the case if the em­ploy­ers do not re­new their spon­sor li­cences; fol­low­ing a takeover of a per­son’s old em­ployer’s busi­ness, if that per­son’s new em­ployer does not ap­ply for a spon­sor li­cence within 28 days. Also, per­sons will have to leave their job and leave the United King­dom un­less they make a new visa ap­pli­ca­tion within that time.

It is ad­vis­able that such per­sons check their el­i­gi­bil­ity visas. In ad­di­tion, per­sons’ visas will be can­celled if they have per­mis­sion to go to the United King­dom but have not trav­elled yet, and per­sons will not be al­lowed to en­ter if they travel to the United King­dom.

It is worth men­tion­ing stu­dents’ sit­u­a­tion if their ed­u­ca­tion providers lose their spon­sor li­cences. Per­sons will need to find a new course with a dif­fer­ent ed­u­ca­tion provider if their spon­sors lose their li­cences. The new ed­u­ca­tion providers will need to spon­sor those per­sons.

With re­spect to how long per­sons can stay, it should be noted that a cur­rent visa will be lim­ited to 60 days, or how­ever long they have left on the visa if it is less than 60 days; per­sons will have to leave the United King­dom if they do not find a new spon­sor in that time. Also, visas will be with­drawn im­me­di­ately if they are in­volved in the rea­sons for the with­drawal and per­sons will have to leave the United King­dom if they have not found a new spon­sor by the end of that time.

If the spon­sor is taken over by an­other or­gan­i­sa­tion, it should be noted that a per­son’s visa will not be af­fected if the new or­gan­i­sa­tion: al­ready has a spon­sor li­cense; or ap­plies for a spon­sor li­cence within 28 days. If not, a per­son’s visa will be lim­ited to 60 days, or how­ever long you have left on the visa if it is less than 60 days.

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