The loss of an A-rating sponsor licence can be a stressful time for an organisation. Not only does it mean that the sponsorship responsibilities are not being met, but it could also lead to significant consequences.
These consequences can affect an organisation, but they can also affect those currently being sponsored.
We’re going to look at everything you need to know about what happens when you lose an A-rating sponsor licence, as well as how to avoid doing so.
We will also look at the difference between an A rating and a B rating, and how an A can be downgraded to a B.
What is an A-rating sponsor licence?
When applied for and accepted, sponsors are given an A or B rating as a sponsor licence for all routes other than UK Expansion Worker.
As the name suggests, the A rating is the highest rating that UK Visas and Immigration (UKVI) can give. This rating shows that the organisation in question has complied with all the necessary sponsorship requirements.
When an A rating is achieved, organisations can assign Certificates of Sponsorship to foreign workers. This level of sponsor licence is crucial when it comes to organisations that wish to sponsor skilled temporary employees or skilled workers.
As well as that, sponsors with an A rating are added to the register of sponsors. Being on this list not only offers visibility to potential employers, but also gives the sponsor some credibility.
How to obtain an A-rating sponsor licence
To achieve this rating, organisations must meet strict requirements. They must be a legitimate organisation, have no history of non-compliance and have the ability to properly manage sponsored employees.
Losing an A-rating sponsor licence
In certain circumstances, organisations can lose their A rating and be downgraded to a B rating. This can happen if the sponsor responsibilities set out when applying for a licence are not met.
When you have been downgraded to a B rating, you will not be able to issue any new certificates of sponsorship to potential foreign employees. You will be able to keep sponsoring existing employees though.
Those who are sponsored are also at risk when an A rating is downgraded to a B. If their visa expires while their sponsor is at a B rating, it cannot be renewed unless an A rating is obtained.
There is also the possibility of complete visa refusals if – when an action plan is put in place – the UKVI determines that the role they currently have no longer meets the requirements of the sponsorship.
Upgrading from a B rating to an A rating
It is possible to upgrade back to an A rating if you do find yourself with a B rating. However, you will need to follow the necessary steps to do so.
If you are downgraded, you’ll need to follow a specific ‘action plan’ which will be put in place for you by UKVI. Action plans cost £1,476 and will outline all the compliance issues that need to be addressed to improve the situation.
The action plan fee must be paid within 10 days of the notification of your downgrade. If you do not pay the fee within this time, your licence will be revoked.
How to avoid having a sponsor licence downgraded to a B rating
To ensure that you do not lose you’re a rating, there are various preventative measures that can be put in place.
Firstly, make sure that the practices used by your organisation are all within the appropriate compliance regulations. Ensure that sponsored roles are earning the correct salary and that the individuals meet required skill levels.
Another factor to keep in mind is prompt reporting of circumstance changes for workers or any other significant changes, such as job role alterations. All changes must be reported to the UKVI as soon as possible, so that they are kept up to date and well informed.
As well as this, make sure that your organisation is up to date with the records of those being sponsored. Records need to be kept safe, secure and should be updated whenever necessary.
Obtain and keep your A-rating sponsor licence
If you are struggling to make sense of an A-rating sponsor licence that has been downgraded to a B rating or want to know more about sponsor licence costs, contact the immigration team at Osbourne Pinner.
With a wealth of experience in nationality law and immigration issues, our lawyers can advise you on any problems you might have regarding sponsor licences – and recommend the best course of action. For a free consultation, give the team a call on 0203 983 5080, email [email protected] or fill out the form below and one of the team will get back to you as soon as possible.
