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 Receiving a notice that your Sponsor Licence has been revoked can have a devastating impact on your organisation due to dire skills shortage in the UK.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If you Sponsor Licence has been revoked, you can apply for Judicial Review.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.