Facts: ECL is a company based in Scotland. They had Tier 2 Sponsorship license and employed one overseas national of Tier 2 visa. The home office compliance team visited the business premises of ECL and was not satisfied with the HR procedures of the company and suspended the sponsorship license of the company giving them 20 working days’ notice to make representations and provide certain documents. They also had concerns that the Tier 2 migrant was not given appropriate salary in the last year and the duties and responsibilities that he was assigned did not meet NVQ level 6 criteria. The Tier 2 migrant had already completed 5 years of residence and his ILR application was pending for consideration.
Advice: We reviewed the suspension letter, made a list of documents and information that we required to address the concerns of the Home office. Reviewed the documents provided by the client, advised them to provide some further documentary evidences. Made a detailed representations (19 pages) addressing each and every point raised in the suspension letter while referring to the documents provided by the client. Explained how his duties and responsibilities meet the NVQ level 6 criteria.
Outcome: The Home office re-instated the sponsorship license of ECL but downgraded to category B and issued an action plan for the company to follow and upgrade to category A.
Further advice: Advised the Tier 2 migrant to write to the home office about the reinstatement of the sponsorship license, whose indefinite leave to remain application was approved accordingly.