Tier 2 Sponsor Licence Revoked. Judicial Review Can Help!
Tier 2 Sponsor Licence Revocation can be challenged through Judicial Review. Receiving a notice that your Sponsor Licence has been revoked can have a devastating impact on your organisation due to dire skills shortage in the UK. Not only will you be unable to recruit talent from outside the EEA, your existing Tier 2 workers will have to leave the country if they are unable to find alternate.
A Y & J Solicitors has the expertise and resources to offer immediate assistance and legal advice to companies facing a Tier 2 Sponsor Licence revocation – read our success stories. In the first instance, we will examine the reason for the revocation of your licence and attempt to negotiate with the Home Office. If this proves unsuccessful, we can launch an application for Judicial Review on your behalf.
How Does a Judicial Review Help with the Tier 2 Sponsor Licence Revocation?
Judicial review is the process whereby the judges of the Administrative Division of the High Court, and the Upper Tribunal (Immigration and Asylum Chamber) exercise jurisdiction over the lawfulness of acts or omissions of public bodies such as UK Visas and Immigration (UKVI), and a supervisory jurisdiction over inferior courts and tribunals.
The grounds for Judicial Review include:
- illegality, i.e. where there was an error of law in the making of the decision
- irrationality or unreasonableness
- procedural impropriety and unfairness
- the decision was in breach of the Human Rights Act 1998 (usually involving an assessment of proportionality), and
- the decision breaches EU law
If you Sponsor Licence has been revoked, you can apply for Judicial Review. The process is complex and requires experienced and expert legal advice. At A Y & J Solicitors, our team have a strong track record of successfully applying for Judicial Review on behalf of SMEs and multi-national corporations.
Judicial Review is a remedy of last resort. Prior to commencing an application, you should explore all other possible dispute resolution.
What Does a Judicial Review for Sponsor Licence Revocation Involve?
After gathering all evidence in support of the case, our experienced legal team will attempt to negotiate with UKVI through a letter. Some cases are resolved at this point.
If successful negotiation is not attained immediately, we will carefully advise you of the merits of your case based on the laws and policy at the time of the revocation. A successful Judicial Review often results in costs being awarded to the applicant. However, an unsuccessful Judicial Review can lead to you having to paying costs to UKVI. Therefore, it is imperative that you choose a lawyer who understands the Judicial Review process as it relates to Sponsor Licence revocation. Our clients can trust us implicitly that we would not advise them to proceed with a Judicial Review which had little chance of success and/or could cause them severe financial difficulty.
The first stage of applying for Judicial Review is to initiate procedure through Pre-Action Protocol. The Pre-action Protocol is designed to allow applicants to set out their case to UKVI and reach an out of court settlement if possible.
If UKVI declines to settle and chooses to defend the case, we then proceed further for judicial review, Home Office would file a response explaining their legal position. A judge will then determine whether there are grounds to proceed with the Judicial Review.
Time is of the essence, so prompt action is essential as any challenge must be made within three months of the negative immigration decision being provided.
What Are the Advantages of Judicial Review?
Often Judicial Review is the only remedy available for organisations who have had their Sponsor Licences revoked. The remedies provided through Judicial Review include the revocation decision being sent back to the UKVI for reconsideration.
Because Judicial Review is an expensive process, most cases are settled via negotiation or at the Pre-Action Protocol stage.
If the application for Judicial Review is unsuccessful, an appeal may be made to the Court of Appeal. This must be made within 21 days of the decision.
Why Choose A Y & J Solicitors for Tier 2 Sponsor Licence Revocation?
Our solicitors are well-versed in the Judicial Review process. We have the resources, experience and commercial acumen to ensure the process is followed correctly. If court proceedings are inevitable, we can instruct the most experienced immigration law barristers to represent you.
A Y & J Solicitors takes pride in a long-standing reputation for excellent customer service. Through independent reviews and constant client recommendations, we have grown a business based on expertise and trust that is widely recognised. We are specialised in the managing challenges faced by Sponsor Licence holders, enabling us to operate at the highest standards.
There is no right of appeal for Sponsor Licence revocation. However, the decision could be challenged via Judicial Review proceedings.
Only the High Court can consider Judicial Reviews concerning Sponsor Licence revocations.
The remedies available include:
- a mandatory order (requiring the body under review to do something)
- a prohibiting order (restraining or preventing the body under review from doing something)
- a quashing order (setting aside a decision on the ground that it is unlawful)
- damages, restitution, or the recovery of a sum due
- a costs award
Brochure of Judicial Review For Tier 2 Sponsor Licence Revocation
Judicial Review Sponsor Licence Revocation
Judicial Review is legal process that is in place to investigate and ensure that government agencies such as UK Visas and Immigration (UKVI) act within legal parameters of the law; Examples: 1. A Tier 2 Sponsor Licence was revoked and UKVI did not give an adequate reason for the revocation. 2. The UKVI Compliance Officer made incorrect allegations leading to a Tier 2 Sponsor Licence revocation. If UKVI is found in violation of law, they must reverse their decision and pay costs to the sponsor(claimant). However, if UKVI is not found in error by the Court, the claimant must pay UKVI’s costs. It is important to have appropriate legal advice to check if you have good grounds to pursue such a claim.
Blog on Judicial Review For Tier 2 Sponsor Licence Revocation
Tier 2 Sponsor Licence Revoked? Judicial Review (JR) may Provide Solution
Tier 2 sponsors are finding it harder to keep their good sponsor ratings as UK Visas and Immigration (UKVI) conducts increasing numbers of compliance audits. Statistics show that these audits are leading to more sponsors finding their licences suspended/revoked, and their entire skilled foreign workforce in jeopardy. Now that Article 50 has been triggered and…
Success Stories on Judicial Review For Tier 2 Sponsor Licence Revocation
Sponsor Licence Revoked was Reinstated Following Judicial Review Proceedings
Sponsor Licence Revoked, Loss of Non-EU Skilled Workforce Mr A’s company is involved in the delivery of highly specialised information technology applications and had a contract creating a bespoke application, which would have a public interest value to it. To complete this project, Mr A needed his highly skilled migrant workers. Following an unannounced compliance…
Video on Judicial Review For Tier 2 Sponsor Licence Revocation
How to Deal with Tier 2 Sponsor Licence Suspension Revocation?
I want to share my experience these days with Tier 2 Sponsor Licence suspension and revocation.
We have lately helped more than 20 corporate companies to re-instate their Tier 2 Licence from suspension/revocation state.
What does this mean?
It means they retained their Tie 2 Sponsor Licence, and they kept their skilled, non-European workforce, allowing their business to continue to run smoothly.
Here’s what is happening:
The Home Office is now visiting many more companies and organisations to inspect whether these Sponsor Licence holders are complying with their Sponsor Licence duties.
They will visit your company, announced/unannounced, to conduct a compliance check.
The Home Office will check your record keeping policy, reporting policy and genuine vacancy, you have in place. If they find you are not compliant with your sponsorship duties, they have the right to either suspend your licence or revoke it if they feel it is justified.
In the case of suspension, The Home Office will give you 20 working days to respond. If you fail to address the issues raised in the suspension letter then, they can revoke your Sponsor Licence without any right of appeal. This means you lose the right to sponsor NON-EU skilled staff.
If your Tier 2 licence was to be revoked then the only course of action was to challenge the decision, via a Judicial Review proceeding, if any merit.
Let me share two case studies with you.
1st case study is about a leading IT consultancy firm who had their Tier 2 Licence suspended with allegations of poor record keeping, not having genuine vacancy and supplying labour.
In order to resolve this suspension, we provided unlimited legal support/advice and submitted the representation to the Home Office within the 20 working days deadline.
We had an outstanding result of all the hard work by getting our client’s Tier 2 licence re-instated.
Here is the copy of the positive decision. (watch the video).
A second case study was of a Tier 2 Sponsor Licence revocation.
A leading multinational IT company had their Tier 2 Licence revoked alleging noncompliance with their record keeping of recruitment process.
When Tier 2 licence gets revoked then Step 1 is to submit a letter before claim also known as pre-action protocol (PAP) letter. If letter before claim (i.e. PAP) was to fail, then the next step is to lodge an application for a permission for Judicial Review.
In our case, after we lodged an application for Judicial review for this client, The Home Office re-instated our client’s Tier 2 sponsor licence unconditionally and sent a consent order for our client to withdraw JR. The Home Office also paid our client reasonable cost.
Here is the copy of the positive decision. (watch the video).
We have great deal of experience resolving Tier 2 Sponsor Licence suspension and revocation matter.
If you are facing similar issue, please get in touch with us today. Our details are at the bottom of this video. We’re always happy to help.
A Y & J Solicitors’ Review
REINSTATEMENT SPONSORSHIP LICENSE
IT ALWAYS SEEMS IMPOSSIBLE, UNLESS ITS DONE
– NELSON MANDELA
A Y & J Solicitors Proved above Saying both in words and in-Action.
A Y & J Solicitors Portrayed true dedication with Smartness.
A Y & J Solicitors depicts “EMBLEM” of ‘SUCCESS’………..
I wholeheartedly thanks to the team of A Y & J Solicitors and the Magician behind this success is ‘SOK WEI LOW – The real smart and hardworking person with Commitment ‘ & Captain of ship – Yash Dubal- Monitors and drives the engagement with discipline and dedication.
With there help, we successfully won and got satisfied in adhering to the Home Office Sponsorship License Compliance and thus our sponsorship License got Reinstated.
Thanks Once Again…
Sreekar & Team of Gs***** Limited…..
When our company’s sponsorship license been revoked by home office due to the misunderstanding during the compliance visit and flawed judgement, we contacted A Y & J Solicitors to ask help. A Y & J Solicitors then allocate the case to one of their team members Miss Sokwei, she worked very hard from collecting the evidence, to analyse the situation, and to demonstrate them to home office, then finally the license been re-instated. We have really been moved by her working attitude and professional behaviour. Thanks for A Y & J Solicitors help and we strongly recommend them to someone who have the related issues.
A sigh of relief after Tier 2 sponsor licence restored. The day our Tier 2 sponsor licence was revoked, we had a nightmare as to how we would keep up with our Non EU skilled staff within our business. We were very fortunate to have engaged A Y & J Solicitors as our lawyers to help us with the Tier 2 sponsor licence revocation. Initially, it appeared that the job would be impossible as the Home office had prepared very strong revocation letter but with A Y & J Solicitors expert help we have our Tier 2 sponsor licence back. Our NON-EU skilled work force have been saved. They know their job well and we would recommend them to all employers and businesses who require legal assistance in relation to their NON-EU skilled staff and Tier 2 matters.