Employers who have a tier 2 licence to employ migrant workers should take note of a recent case involving the revocation of a licence and of the right to employ migrant workers in the future. The case provides a useful analysis of the sponsorship system and the circumstances which could lead to revocation of a licence.
The employer was a nursing home with 65 employees of whom 11 were migrant workers. In a routine inspection to check whether the sponsor was complying with its responsibilities, various irregularities were discovered. The failure to explain these adequately led to the revocation of the tier 2 licence. The irregularities were a failure to provide:
- evidence to confirm that the resident labour market test had been complied with;
- copies of qualifications, shortlists or interview records relating to the recruitment of migrant workers;
- evidence of the right to work of one employee;
- a record of a visa expiry date for one employee on the relevant spreadsheet; and
- the fact that the certificates of sponsorship for several of the migrant workers recorded the incorrect place of work.
See R on the application of Raj & Knoll Ltd v Secretary of State for the Home Department [2015] EWHC 1329 (Admin).
