Keralite healthcare worker whose sponsor lost his licence receives letter from Home Office

By A Staff Reporter

LONDON March 8: A Keralite overseas healthcare worker whose sponsor lost their licence to recruit from abroad has received letter from Home Office updating about his immigration status.

The letter states that his sponsor’s licence was revoked in July 2023 and therefore his Certificate of Sponsorship (COS) has automatically become invalid. The letter details on the implications and what he can do and expect.

However, the letter states that his existing permission to remain in the UK and work remains valid until another Home Office department writes to him to confirm it has been shortened or cancelled, or until it expires (whichever is the earliest).

The healthcare worker is waiting for the curtailment letter to arrive from the Home Office. The curtailment letter will state the new expiry date of your visa, which will typically be 60 days from the date of the letter or the remaining time left on your visa if it’s less than 60 days.

Home Office will not give reasons or answer any further questions on why the sponsor licence was revoked due to confidentiality reasons. They are also unable to provide further details as to the reason for the revocation of the sponsor licence or answer any further queries relating to this matter.

Hundreds of health care workers who arrived in UK since the opening of the care sector in 2022 are left without jobs due to no fault of theirs. Many firms lost licence to sponsor due to their own mistake which resulted in those working under them not being able to extend their COS with them. There are also hundreds who never were given any work by the care homes or agencies who sponsored them due to several reasons.

There are also reports that COS were issued to companies which were never inspected or assessed as having a need. The bottom line is that firms in the UK who lost their licence are unable to extend the stay of those who they sponsored them.

Removal from The Register of Licensed Sponsor Letter

Removal from The Register of Licensed Sponsor letter is sent to someone when their sponsor licence is revoked. Any Certificate of Sponsorship (COS) issued by this firm automatically become invalid and this means that any workers associated with that licence are affected. If you received such a letter then you have been identified as one of those workers.

What happens next

Your existing permission remains valid until another Home Office department writes to you to confirm it has been shortened or cancelled, or until it expires (whichever is the earliest).

Unfortuntely for confidentiality reasons Home Office will not provide further details as to the reason for the revocation of the sponsor licence or answer any further queries relating to the matter. If you do have any questions or concerns you will need to discuss these with your employer.

How long will it take for the Curtailment letter to arrive

The time it takes for the curtailment letter to arrive after your sponsor’s removal from the Register of Licensed Sponsors can vary. While there’s no set timeframe, the Home Office generally sends the curtailment letter within 60 days of the sponsor’s licence being revoked. However, the process can sometimes take longer due to administrative delays or other factors.

The 60-day countdown for taking action (such as finding a new sponsor, switching visa categories, or leaving the UK) usually starts from the date you receive the curtailment letter, not from the date your sponsor’s licence was revoked. This means that even if there is a delay in receiving the curtailment letter, you will still have a 60-day period to address your immigration status once you receive it.

If you haven’t received a curtailment letter within a reasonable time, you may want to contact the Home Office or seek advice from an immigration lawyer to clarify your immigration status and determine the best course of action.

What is Curtailment Letter

The exact wording of a curtailment letter may vary depending on the specific circumstances, the letter will generally include the following information:

Notification of curtailment: The letter will inform you that your visa has been curtailed, meaning your permission to stay in the UK has been shortened or revoked.

Reason for curtailment: The Home Office will provide the reason for the curtailment, such as the loss of your visa sponsor’s licence or a change in your circumstances that no longer meets the visa requirements.

New visa expiry date: The letter will state the new expiry date of your visa, which will typically be 60 days from the date of the letter or the remaining time left on your visa if it’s less than 60 days.

Options to remain in the UK: The letter may outline your options for remaining in the UK, such as finding a new sponsor, switching to a different visa category, or leaving the country.

Consequences of overstaying: The Home Office will warn you about the consequences of overstaying your visa, which can include deportation and a ban from re-entering the UK for a specified period.

Right to appeal: If you have the right to appeal the decision, the letter will explain the process and the deadline for submitting an appeal.

It is crucial to read the curtailment letter carefully and take prompt action to avoid any negative consequences. You may want to consult with an immigration lawyer or advisor to understand your options and ensure you follow the correct procedures.

Some reasons why sponsor licence gets revoked

Sponsor licence revocation by the Home Office can occur for various reasons, but some common ones include:

Providing false or misleading information: If the Home Office determines that the sponsor provided false, misleading, or incomplete information during the application process or during any subsequent compliance checks, they may revoke the licence.

Failure to comply with sponsorship duties: Sponsors have specific responsibilities, such as monitoring sponsored employees, reporting changes in circumstances, and maintaining accurate records. If the Home Office finds that a sponsor is not fulfilling these duties, they may revoke the licence.

Hiring illegal workers: Employing individuals who do not have the right to work in the UK is a serious breach of sponsor obligations and can lead to the revocation of the sponsor licence.

Failure to respond to Home Office inquiries: If a sponsor fails to respond to requests for information, inquiries, or warnings from the Home Office within the specified timeframes, the licence may be revoked.

Ceasing to trade: If the sponsor ceases to trade or becomes insolvent, the Home Office may revoke the licence.

Non-compliance with immigration laws: If the Home Office discovers that the sponsor is engaging in activities that breach UK immigration laws, such as facilitating illegal immigration or employing undocumented workers, they may revoke the licence.

Not adhering to an action plan: If the Home Office has provided an action plan to address issues with the sponsor’s compliance and the sponsor fails to follow it, this can lead to revocation of the licence.

To avoid the risk of licence revocation, sponsors should ensure they understand and fulfill their obligations under the sponsorship system and maintain open and transparent communication with the Home Office.