The High Court ruling in Prestwick Care Ltd & Ors v Secretary of State for the Home Department [2023] EWHC 3193 (Admin) has upheld the Home Office’s decision to revoke the sponsor licence of a large care home operator in the North East. The judgment is a harsh reminder that,...
The Home Office has made several changes that businesses sponsoring overseas workers should be aware of. Amendments have been made to the Workers and Temporary Workers: guidance for sponsors part 2: sponsor a worker – general information (“general information guidance”) and the Workers and Temporary Workers: guidance for sponsors: sponsor...
It’s been a very long time since most UK live music and theatre “sponsors” have had to issue paperwork for overseas artists to come into the UK. For most, it’s been 16 months and counting. Since then, we’ve had Brexit, dragging EU acts into the same category as US, Australian,...
In the case of Pathan & Anor v Secretary of State for the Home Department [2018] EWCA 2103 the Court of Appeal reminds us, once again, of the rigidity and inflexibility of the Points Based System. It is also a good reminder of the purpose and policy behind the Tier 2...
What started as a minor aberration has now turned into a worrying trend. The Home Office confirmed on 24 May that we have hit the monthly cap on visas for skilled non-EU workers for the sixth month in a row. On top of that, Freedom of Information data shows that the situation does...
The responsibility to take the utmost care to ensure that the Points Based System, Immigration Rules and guidance are followed remains with the sponsor. A Mr Talpada attempted to challenge the applicability of the Rules and guidance to his case on the facts and by using common law legal principles...
Businesses across the UK began receiving notification emails last week from the Home Office confirming that their applications for restricted certificates of sponsorship had been approved. This is because they had met an as yet unpublished points threshold. The Home Office has saved the bad news for today. Yet again there...
The Ganges and Gurkha is the 60th most popular restaurant in Plymouth. It serves Nepalese and Indian food, and was shortlisted for the British Curry awards in 2013. In 2015, it had a Tier 2 sponsor licence, meaning that it could sponsor workers from overseas to come and work in...
UK businesses seeking to hire skilled non-EU workers are losing out as it emerges that the monthly quota has been hit for an unprecedented third time in a row. Yesterday afternoon, the Home Office sent out hundreds of emails to UK businesses that have been waiting for the outcome of...
Spring is in the air (for those optimists among us). For Tier 2 sponsor licence holders, this can only mean one thing. It’s time to grab the organisation’s “leave expiries” list, a crystal ball and a calculator and work out how many unrestricted certificates of sponsorship (CoS) the organisation is likely...
The Secretary of State’s decision to revoke an IT consultancy’s Tier 2 sponsor licence was upheld before Christmas in R (Sri Prathinik Consulting Limited) v Secretary of State for the Home Department [2017] EWHC 3204 (Admin). A stream of case law was cited, most notably Lord Justice Tomlinson’s leading judgment...
