What happens when a sponsor’s licence is revoked?

Dear Mr Bassie,

Iam ready to take up a position of employment in the United Kingdom (UK) and I am being told that my employer, who is my visa sponsor, might lose his sponsor licence. If this is true, how will this affect me? – MJ

Dear MJ,

Person will have to quit their jobs and leave the UK if their employers lose their sponsor licence – unless that person makes a new visa application to stay in the UK. (i) Persons being sponsored could also be affected if:

(ii) The sponsor’s licence is suspended;

(iii) The sponsor is taken over;

The sponsor does not renew the sponsor licence.

What happens to the person being sponsored will depend on whether they are already in the UK when the employer’s sponsor licence changes.

IF ALREADY IN THE UK

When a sponsor loses his licence, the certificate of the person being sponsored is cancelled and his/her visa will be limited to 60 days or however long he/she has left on the visa, if it is less than 60 days.

Those persons will have to quit their jobs and leave the UK, unless they make a new visa application within that time. Those persons should check their eligibility for visas prior to applying.

Persons should be aware that if they are involved in the reasons why the sponsor lost their licence, those visas will be withdrawn, and they will have to leave the UK immediately.

IF A SPONSOR’S LICENCE IS SUSPENDED

If a sponsor’s licence has been suspended and that person has travelled to the United Kingdom, but has not started working, he/she can start working. In the case where the person is already working and the sponsor’s licence is suspended, he/she can continue working.

Please note that if a person has made an application to extend their visa and while doing so the sponsor’s licence is suspended, persons should be aware that the application will not be processed until the suspension ends.

IF OUTSIDE OF THE UK

Persons should check the status of their sponsor’s licence on the register of sponsors before travelling. Please note that the sponsor will not be listed if they have lost their licence or if it is suspended.

If the sponsor loses their licence and a person has applied for a visa, it will be refused. Also, if a person has a visa, but has not travelled to the United Kingdom, that person’s visa will be cancelled – that person will not be allowed to enter if he/ she travels to the United Kingdom.

IF A SPONSOR’S LICENCE IS SUSPENDED BEFORE TRAVELING

If a person’s sponsor’s licence has been suspended, he/she has not travelled to the United Kingdom and the person has applied for a visa, the application will be put on hold until the end of the suspension.

In the circumstances where persons have a visa, but have not yet travelled to the United Kingdom, those persons will be contacted by UK Visas and Immigration.

IF THE SPONSOR’S BUSINESS IS TAKEN OVER

A person’s visa will be limited to 60 days, or however long he/she has left on the visa if it is less than 60 days; if the employer does not renew their sponsor licence, or, following a takeover of the old employer’s business, the new employer does not apply for a sponsor licence within 28 days. Also, persons will have to quit their job and leave the UK unless they make a new visa application within that time.

Please note that a visa will be cancelled if they have permission to go to the UK but have not travelled yet. Please be aware that persons will not be allowed to enter if they travel to the UK.