When the work permit scheme was still around, the Home Office were responsible for checking the eligibility of non-EEA employees. However, since the Tier 2 scheme replaced it, that responsibility has now shifted onto employers. Therefore, Home Office devised a rating system to see if employers/sponsors are upholding their duties when they do their audits periodically. A genuine employer who complies with the rules will normally receive an A rating. Those who are slack in monitoring their non-EEA employees who don’t meet the conditions for a CoS or have poor attendance, will normally get downgraded to a B rating.
When that happens, the employer will be given an ‘action plan’, which he must execute before a given deadline. Failure to do so will result in the revocation of his sponsor license.
If an employer loses his sponsor license, he will not be able to employ any more migrants, and his existing migrant workers will have their leave curtailed to 60 days, within which they must find a new sponsor or leave the country. If an existing migrant worker was complicit in the wrongdoing that led to the license revocation, then they will be removed from the UK with immediate effect.
In addition to all of that, the Home Office has also introduced a civil penalty for the mismanagement of sponsor duties, and a prison sentence plus an unlimited fine for those who knowingly employ illegal immigrants.
UK Visa Partners Ltd has a wealth of experience in helping UK employers with CoS compliance.