0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

match certificate of sponsorship to job role or risk losing your licence

28 April 2015

The Secretary of State’s decision to remove a care home’s sponsor licence was lawful, according to a judicial review.

The employer advised UK Visas and Immigration (UKVI) that a migrant worker would undertake the role of ‘public relations officer’. A visa was granted on this basis.

Following a routine audit from UKVI less than three months later, UKVI determined that the migrant worker was carrying out the role of ‘senior carer’, which was not at the requisite skill level for a visa to be granted. The sponsor licence was revoked. This serves as a reminder that UKVI are likely to audit sponsors to check that sponsor obligations are being met.

If an employee’s role does not genuinely conform with the details provided to UKVI, then your licence could be revoked and you’ll be unable to continue to sponsor any non-EEA migrants. This will impact on your ability to recruit migrant workers going forwards and, at worst, the continued viability of your business.

related opinions

H&M - fighting the two tier retail market and daring to push for better clarity on turnover rents

H&M is the latest retailer to confront its landlords about this ‘two tier retail market’ in an attempt to explore and negotiate more favourable terms.

View blog

Retail: a tale of two markets

Ann Summers is the latest retailer to have entered into new voluntary deals with the majority of their landlords, rather than using the CVA process.

View blog

Supreme Court stops landlord from circumventing business tenant’s right of renewal with scheme of works designed solely to enable eviction

We previously reported on the High Court decision of S Franses Ltd v The Cavendish Hotel (London) Ltd in which it was held that a landlord’s motive could not prevent it from successfully utilising ‘ground (f)’ under s30(1) of the Landlord and Tenant Act 1954 to oppose a lease renewal.

View blog

FCA whistleblowing review

The FCA are encouraged to find that the implementation of the new rules has encouraged financial institutions to manage whistleblowing cases and concerns fairly, consistently and in a manner that protects the individual whistleblower.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up