The Home Office have published an addendum to Tier 2 & 5 Sponsorship 03/19 which applies with immediate effect to all Tier 2 & 5 sponsors, including all current and future applications seeking to apply for or renew a sponsor licence.
The addendum places a wider responsibility on sponsors ‘to behave in a manner that is consistent with our fundamental values and that is not detrimental to the wider public good’
It reiterates that Sponsorship is ‘a privilege, not a right’ and that the Home Office ‘will not license organisations whose actions and behaviour are non-conducive to the public good’. The non-exhaustive list of examples includes:
- fostering hatred or inter-community division;
- fomenting, justifying or glorifying terrorism; and/or;
- rejecting the rights of, or discriminating against, other groups or individuals on the basis of their gender, gender identity, sexual orientation, marital status, race, religious belief (including lack of belief), or any other protected characteristic under the Equality Act 2010.
Compliance action can be taken against those who have engaged in the above behaviour or actions, which could result in the refusal to grant/renew a licence or the revocation of an existing licence
Comment
Whilst it may be argued that the above-actions and behaviours are to be found in other parts of immigration law, and guidance, this urgent addendum provides the home office with a wider discretion. It has been seen that the term ‘non-conducive to public good’ has been applied in non-terrorism related immigration cases, which includes discrepancies with the HMRC.
It is yet to be seen how this wider discretion will be applied in practice, but sponsors should note that the Courts have repeatedly sided with the Home Office in challenges to revoke sponsor licences because of wide discretion they have. This addendum reiterates this position.