Case Background
Client X is an organisation operating within the care sector in the UK, specialising in short-term placements for young people with high-level challenging behaviours whom local authorities and other providers are unable to accommodate. Although the organisation is Ofsted-registered, it is not registered with the Care Quality Commission (CQC).
From March 2024, CQC registration became a mandatory requirement for sponsoring workers under SOC codes 6135 and 6136. Despite this, Client X submitted a sponsor licence application in November 2024 relying solely on its Ofsted registration. Following the grant of the sponsor licence by the Home Office, the organisation applied for two Certificates of Sponsorship (CoS) under SOC codes 6135 and 6136.
Notwithstanding that the organisation was registered only with Ofsted, the Home Office approved both the CoS applications and the related visa applications. Subsequently, the Home Office cited the absence of CQC registration as the basis for suspending the sponsor licence.
Challenges Involved in this Case
The matter presented several complex and interrelated challenges that required careful legal analysis and a strategic approach. The primary hurdle for our team was to clearly and persuasively demonstrate to the Home Office that Client X had not breached any sponsor licence obligations and had acted with full transparency throughout the application and sponsorship process. This involved addressing and dispelling any perception of non-compliance, while evidencing that all relevant information had been accurately and proactively disclosed at the appropriate stages.
A further significant challenge was ensuring that the Home Office fully understood the wider implications of this sponsor licence suspension. The suspension did not solely affect Client X as an organisation but carried broader consequences for its operations and for the various stakeholders who rely on its services. It was therefore essential to articulate how the suspension could disrupt service delivery within the care sector in the UK and adversely impact local authorities, partner organisations, and service users.
In addition to responding to the immediate compliance concerns, our team also faced the challenge of restoring the Home Office’s confidence in Client X’s future compliance. This required the formulation and presentation of robust, practical, and proportionate remedial measures. By proposing alternative solutions and forward-looking compliance enhancements, our objective was to demonstrate Client X’s ongoing commitment to meeting regulatory expectations and to provide the Home Office with a clear and credible basis upon which the sponsor licence could be reinstated.
How City Legal Solicitors Solve this Issue?
City Legal Solicitors responded to the Home Office regarding the suspension of Client X’s sponsor licence by submitting a structured and legally reasoned representation addressing the alleged compliance concerns.
The response clearly demonstrated that the organisation had disclosed its regulatory position at the point of application, including confirmation that it was registered with Ofsted and not registered with the Care Quality Commission (CQC). Supporting documentary evidence was provided to substantiate that there had been no misrepresentation, omission, or failure to comply with the Sponsor Guidance.
The submission also addressed the proportionality of the suspension decision by outlining the operational consequences arising from it. City Legal explained that Client X operates within the care sector in the UK and that several local authorities and partner bodies rely on its services. The suspension therefore had implications extending beyond the sponsor itself, with the potential to disrupt service provision to vulnerable individuals. It was also highlighted how the Home Office’s actions, such as granting the certificate of sponsorships and subsequently the care worker visas, contributed to the compliance breach.
In order to address any residual compliance concerns, City Legal Solicitors set out a detailed compliance action plan to be implemented upon reinstatement of the sponsor licence. This included enhanced recruitment and right-to-work procedures, accurate SOC code assessment, improved Sponsor Management System reporting, staff compliance training, and regular internal audits. These measures were presented to demonstrate that Client X has appropriate systems and controls in place to ensure ongoing compliance with its sponsor licence obligations.
The Outcome
The collective efforts and strategic expertise enabled the successful resolution of every challenge encountered in this matter. As a result of our detailed representations and proactive engagement, the Home Office reinstated Client X’s sponsor licence with immediate effect.
With the sponsor licence now reinstated, Client X is once again fully authorised to sponsor Skilled Workers and continue its operations with confidence, subject to continued compliance with the relevant immigration and regulatory requirements.
