The UK government has outlined strict consequences for foreign workers whose employers lose their sponsor licence. Workers already in the UK have their certificate of sponsorship cancelled and their visa capped at 60 days to find a new route or depart. This new guidance aims to clarify the implications for foreign workers when their employer's sponsor licence is revoked or suspended.
Under the official rules, a worker's certificate of sponsorship is cancelled immediately upon the revocation of their employer's licence. The remaining duration of their visa is then reduced to 60 days, or to however much time was left on the original visa if that period is shorter than 60 days. Workers who are found to have contributed to the circumstances that led to their employer losing the licence will not receive any grace period at all, their visa is cancelled immediately.
Workers inside the UK must secure alternative immigration status or leave within the 60-day grace period to avoid unlawful employment. If they fail to do so, continuing employment becomes unlawful unless they submit a fresh visa application within that period. The government has made clear that workers who are found to have contributed to the circumstances that led to their employer losing the licence will face immediate visa cancellation.
Separate rules apply to workers who are still outside the UK when their sponsor's licence is revoked. Those with a visa application already submitted will have it refused outright, while those who hold a valid visa but have not yet entered the country will have it cancelled and will be prevented from travelling. The rules also address scenarios involving suspension rather than full revocation.
Where a licence is suspended and under review, workers already in the UK may continue in their roles during that period, although any pending applications to extend their visa will be placed on hold until the review concludes. Workers who are still outside the UK when their sponsor's licence is suspended will have their pending applications paused and will be contacted directly by UK Visas and Immigration.
The 60-day rule also applies in two additional circumstances: when an employer fails to renew their sponsor licence on time, and when a business changes hands and the new owner does not apply for a sponsor licence within 28 days of taking control. To avoid travel disruptions, the government has advised all foreign workers to confirm their employer's standing on the official register of licensed sponsors before making travel arrangements.
An employer whose licence has lapsed or been suspended will not appear on the register, giving workers a means of verifying their position before committing to travel. The UK government has also listed the four qualifying relationships under its Adult Dependent Relative visa route, which includes parent, grandparent, son or daughter, or brother or sister.
Key points
- The UK government has set a 60-day deadline for foreign workers to find a new route or leave the country if their employer's sponsor licence is revoked.
- Workers who are found to have contributed to the circumstances that led to their employer losing the licence will not receive any grace period at all.
- The 60-day rule also applies when an employer fails to renew their sponsor licence on time or when a business changes hands.
