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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 The sponsor licence was revoked.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.

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