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Tier 2 Sponsor licencees unlawful conduct

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Dear Home Office,

I refer to the "Tier 2 and 5: Guidance for Sponsors - Addendum" document, available at https://assets.publishing.service.gov.uk....

Point 2 states "There is also a wider responsibility for sponsors to behave in a manner that is consistent with our fundamental values" and " The Home Office will not license organisations whose actions and behaviour are non-conducive to the public good" listing a number of practices.

Point 3 then goes on to state "The Home Office will refuse a sponsor licence application or take the appropriate compliance actions, if a prospective or existing sponsor is engaging or has ever engaged in such behaviour or actions".

Could you please confirm under what circumstances would trigger "appropriate compliance actions" to be taken, and provide details of what "compliance actions" involve.

Specifically, what compliance action (for both sponsor and workers) would be taken if:

1. A licensed sponsor has engaged in discrimination against a sponsored employee.

2. A sponsor filled a position with a migrant worker before a resident labour market test was performed.

Thanks

FOI Requests, Home Office

Dear T Burton,

 

 

Thank you for contacting the Home Office with your request.

 

This has been assigned to a caseworker (case ref 57087). We will aim to
send you a full response by 31/01/2020 which is twenty working days from
the date we received your request.

 

If you have any questions then please do not hesitate to contact us.

 

 

Thank you,

 

N McKenzie

Home Office

 

 

 

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Economic Migration Policy, Home Office

Dear T Burton

 

Thank you for your email of 3 January to our Freedom of Information
Requests mailbox about the Tiers 2 and 5: Guidance for sponsors. It has
been passed to me for reply.

 

As your request asks for clarification of published guidance rather than
any information we hold, it has not been dealt with under the Freedom of
Information Act 2000.

 

As any number of circumstances could trigger compliance action being taken
against sponsors, it is not possible to give a definitive list of these.
The guidance for sponsors, however, sets out what compliance actions could
arise in any given scenario and what should happen in specific scenarios.
Sections 17-20 and annexes 3-6 are of particular relevance.

 

That said, sponsor compliance matters are considered on a case-by-case
basis and any action taken is dependent on the particular circumstances of
the case.

 

Regards

 

Border, Immigration & Citizenship System Policy and International

 

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Dear Economic Migration Policy,

Thank you for your prompt reply.

Perhaps I could then rephrase the question, and ask for statistics relating to the number of sponsors subject to compliance action, the triggering reason for the investigative/compliance action, and the outcome.

Yours sincerely,

T Burton

Economic Migration Policy, Home Office

Thank you for contacting the Economic Migration Policy Team. 

Please note that this inbox is for internal Home Office enquiries only. 
E-mails received from sources external to Government will not receive a
direct reply. 

 

Employers and sponsors can make a query to the business helpdesk via
[1][email address]

 

You can also refer to the contact page on
[2]https://www.gov.uk/contact-ukvi-inside-o... to determine which
contact your enquiry should be directed at.

 

Internal queries seeking clarification about existing policy relating to
one of the following routes you should consult the [3]appropriate guidance
and [4]Immigration Rules in the first instance:

 

·         Tiers 1, 2 and 5 of the Points-Based System;

·         Tier 2 and Tier 5 Sponsorship;

·         Tier 2 & 5 Codes of Practice;

·         Start-up

·         Innovator

·         Skilled Worker and Student (PBS and Appendix W) Dependants;

·         Part 5 Dependants;

·         Seasonal Workers Pilot (SWP)

·         UK Ancestry, Domestic Workers, Representatives of Overseas
Businesses (Part 5 of the Immigration Rules)

·         Offshore Workers, Seaman, Aircrew, Van der Elst, Persons exempt
from immigration control (except armed forces);

·         Legacy queries for Work Permits, Highly Skilled Migrant
Programme (HSMP), Retired Persons of Independent Means

 

If you cannot find an answer to your query in the guidance and Immigration
Rules, you should direct it to an appropriate contact. Please help them by
clearly explaining what your query relates to, including quoting the
relevant guidance and paragraphs, and why they do not answer your enquiry.
Chasers to queries already submitted will not be acknowledged.

 

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References

Visible links
1. mailto:[email address]
2. https://www.gov.uk/contact-ukvi-inside-o...
3. https://www.gov.uk/browse/visas-immigrat...
4. https://www.gov.uk/guidance/immigration-...

Dear Home Office,

Please could you update me on the progress of this request.

Yours faithfully,

T Burton

FOI Requests, Home Office

Dear T Burton,

 

Thank you for contacting the Home Office. Could you please provide your
Home Office FOI reference number in order for us to deal with your query.

 

Regards

 

N McKenzie

Home Office

 

 

 

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Dear FOI Requests,

The reference given was 57087 on 3rd Jan. This was initially responded to on 9th Jan to which I responded on 10th Jan with a rephrase of the original question to which there has been no response.

Yours sincerely,

T Burton

FOI Requests, Home Office

Dear T Burton,

Thank you for contacting the Home Office. We have searched our records and cannot find any trace of having received a follow up email from you. Please resubmit your request for consideration.

Regards

N McKenzie
Home Office

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Dear FOI Requests,

You may find the response here:

https://www.whatdotheyknow.com/request/t...

Yours sincerely,

T Burton

Dear FOI Requests,

Could you confirm you have received and are processing the updated request, or if you need any further information.

Thanks

Yours sincerely,

T Burton

FOI Requests, Home Office

Thank you for contacting the Home Office FOI Requests Mailbox.  

We will endeavour to respond within 2 working days.

If you have any questions then please do not hesitate to contact us.  

 

Thank you,  

FOI Requests Home Office

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Dear Home Office,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Home Office's handling of my FOI request 'Tier 2 Sponsor licencees unlawful conduct' which was submitted on 3 January 2020 and is yet to be adequately responded to or processed as required by law.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/t...

Yours faithfully,

T Burton

FOI Requests, Home Office

Thank you for contacting the Home Office FOI Requests Mailbox.  

We will endeavour to respond within 2 working days.

If you have any questions then please do not hesitate to contact us.  

 

Thank you,  

FOI Requests Home Office

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We don't know whether the most recent response to this request contains information or not – if you are T Burton please sign in and let everyone know.