Downgrading, suspension, revocation and surrender of Workers and Temporary Workers sponsor licences

Produced in partnership with Shahjahan Ali of Knights plc

Practice notes

Downgrading, suspension, revocation and surrender of Workers and Temporary Workers sponsor licences

Produced in partnership with Shahjahan Ali of Knights plc

Practice notes

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This Practice Note deals with the ways in which a sponsor in Workers and Temporary Workers routes can lose its licence or have it limited. These are:

•
downgrading
•
revocation
•
suspension
•
surrender by sponsor, or
•
reduction of Certificate of Sponsorship (CoS) allocation

The relevant Home Office guidance for sponsors is set out in the Workers and Temporary Workers Sponsor Guidance, in particular in Part 3, which deals with sponsor duties and compliance.

In R (New London College Ltd) v Secretary of State for the Home Department (SSHD); R (West London Vocational Training College) v SSHD, the Supreme Court held that the Immigration Act 1971 provides a general statutory Authority for the SSHD to administer a sponsor licensing system, including vetting sponsors, by way of rules which do not require to be laid before Parliament. Only mandatory criteria which relate to a person's qualifying for entry clearance, permission to enter or permission to stay must be laid before Parliament as Immigration Rules.

Shahjahan Ali

Partner, Knights plc

Shahjahan has worked as an Associate specialising in immigration at Withers LLP, led the immigration team at Clarkslegal LLP and was the Head of Skilled Migration at Turpin & Miller LLP before successfully establishing Pathfynder Solicitors. Shahjahan then became a Partner and the Head of Immigration at DAC Beachcroft LLP. He is now a Partner in the Immigration team at Knights.

Shahjahan has specialised in immigration since 2008 and advises businesses and individuals on matters concerning the Points Based System as well as family members of settled persons, indefinite leave to remain, British citizenship and European Free Movement rights.

His clients range from multinational corporations to educational institutions, investors, entrepreneurs, sportspersons and members of the clergy. He has also given numerous presentations on immigration both in the UK and overseas.

Shahjahan has also sat on immigration panels, written immigration articles and is quoted in news articles on immigration.

Jurisdiction(s):

United Kingdom

Key definition:

Sponsor Licence definition

What does Sponsor Licence mean?

A licence issued by the Home Office to an employer or education provider to enable it to sponsor non-EEA migrant workers or students in the UK under Tiers 2, 4 and 5 of the Points-Based System.

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