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 visit from UK Visas and Immigration (UKVI), the company licence was suspended, followed by revocation, as the legal representations did not suffice the UKVI.

UKVI alleged that Mr A’s company was supplying labour, when in fact his staff were employees of Mr A and were under the direct control of his company. When Mr A made legal representations to UKVI, he did not provide sufficient evidence to show that his migrant workers were employees rather than his company providing labour as UKVI had alleged. As a result, UKVI revoked his licence which meant that his migrant employees would soon receive letters from UKVI that their leave to remain had been curtailed and they were no longer able to work for Mr A.

Pre-Action Protocol (PAP) Counters Home Office Allegations of Sponsor Licence Non-Compliance

Mr A instructed A Y & J Solicitors regarding the revocation of his company Sponsor Licence. We prepared and submitted a Pre-Action Protocol letter providing evidence to counteract the allegation made by UKVI.

A temporary respite was given when UKVI agreed to consider the representations and evidence submitted which had been missing by Mr A with his initial representation. A month later, UKVI made a new decision maintaining that their original decision was correct.

Undeterred, and based on our advice, an application was made for permission to apply for Judicial Review along with an interim relief application to the Administrative Court in the Royal Courts of Justice.

The interim relief application was submitted for an immediate order from the Court and transferred Mr A company’s Sponsor Licence to a suspended state. This meant that if the Court agreed, UKVI would have to put Mr A’s company back to the original valid sponsorship status. As a result, Mr A would be able to carry on employing his migrant workers. This was very important for Mr A as he had large projects to complete and he also wanted to complete his own unique software.

On the day of the application for permission to apply for Judicial Review and interim application, the Court granted interim relief on the basis that it was arguable that UKVI did not give proper consideration to the evidence submitted by Mr A. Subsequently, UKVI—through their representatives the Government Legal Department—without hesitation invited Mr A to withdraw his Judicial Review application and agreed to reconsider the case based on the interim relief decision of the Court.

Favourable Ruling – Sponsor Licence Reinstated and Costs Awarded to Client

UKVI has reinstated the sponsor licence for Mr A’s company, and he can continue with his long terms plans of fulfilling his dream project while successfully completing his business contracts.

In addition, we argued on behalf of Mr A that as he was successful, he should be entitled to costs for bringing the claim to the court. The Government Legal Department agreed and awarded him the costs incurred during the Judicial Review matter.