Why Qualifications, Experience, and Skills Matter:
Avoiding Sponsor Licence Revocation in the Care Sector
As compliance checks in the care sector intensify, even minor oversights in qualifications, skills, or experience can have catastrophic consequences for your sponsor licence. Suspension or revocation is no longer a distant threat—care providers are finding themselves at the mercy of Home Office audits, often unaware they’ve breached sponsor duties.
Let’s break it down with a real example (details anonymised)
What We Found During an Audit
A worker was assigned a Senior Care Worker role under SOC code 6146. However, their qualification—a BSc in Agriculture Economics—did not meet the healthcare-related standards required for the position.
Another worker, appointed to a senior role, only had voluntary care experience. There was no documented evidence of the skills needed to lead a care team effectively.
These are not isolated cases. Paragraph C1.38 of the Workers and Temporary Workers: Sponsor Guidance is clear:
Sponsors must ensure workers are appropriately qualified, registered, or experienced for their roles.
Failure to comply with this duty constitutes a serious breach that can lead to immediate action from the Home Office, including licence revocation.
What This Means for You
Employing workers who do not meet the skill-level requirements is more than a simple error—it’s a breach of immigration law. Incorrect or exaggerated job descriptions in CoS submissions signal to the Home Office that the role may not be genuine. This gives them grounds to revoke your licence under Annex C1(w) of the Sponsor Guidance.
The fallout from non-compliance is significant:
Operational Disruption: Without a sponsor licence, your ability to employ skilled workers halts overnight. This can lead to staffing shortages, affecting the quality of care provided and potentially breaching contracts with local authorities. Reapplying for a licence can take up to 8 weeks, during which time you cannot sponsor new workers.Reputational Damage: Non-compliance can cast doubt on your business practices and credibility in the care sector. Local authorities may reconsider contracts, and clients may lose trust in your services. Rebuilding reputation can be a lengthy and costly process, potentially leading to loss of business.
Costly Legal Battles: Reinstating a revoked licence is both challenging and expensive. Legal fees for challenging a revocation through Judicial Review can range from £2,000 to £4,000, excluding VAT.
Additionally, during the period without a licence, you may face financial losses due to inability to sponsor new workers and potential contract penalties.
Why Is This Happening?
The root cause often lies in a lack of rigorous screening processes during recruitment. Many care providers fail to verify:
- Whether qualifications align with the specific role.
- Whether candidates’ experience meets the skill requirements outlined in the CoS.
Without these checks, providers unknowingly breach their duties, leaving them exposed to penalties during audits.
How You Can Protect Your Licence
Compliance starts with preparation. Here’s what you need to do:
Match Workers to Roles: Verify that every sponsored worker’s qualifications and experience meet the requirements stated in their CoS and the Sponsor Guidance.
Strengthen Recruitment Processes: Introduce a robust screening and documentation system for all hires. Keep a detailed record of qualifications, training, and prior experience.
Conduct Internal Audits: Regularly review your sponsor records, ensuring they reflect genuine and accurate information.
Train Your Team: Equip your HR staff and Authorising Officers with the knowledge to stay compliant with immigration laws and reporting duties.
The Time to Act Is Now
Non-compliance isn’t something you can fix retroactively. Once the Home Office identifies an issue, the penalties are swift and unforgiving. Don’t wait until an audit uncovers problems—be proactive in reviewing your processes and ensuring they meet the required standards.
Your licence is the lifeline of your care business. Treat compliance as a priority, not an afterthought, to safeguard your future.
Take the Next Step
Book a Compliance Audit Unsure if your records and processes are up to standard? Our compliance audit provides a detailed review of your sponsor obligations, helping you identify and address potential breaches before they escalate. Book Your Audit Here.
Explore Our Blog Looking for more actionable tips on sponsor compliance? Check out our blog posts covering everything from CoS management to preparing for Home Office visits. Stay informed and ahead of the curve. Read More Here.
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