We are proud to share a recent success story from NARA Solicitors.
A regulated care provider instructed us after the Home Office revoked its Sponsor Licence with immediate effect. The business sponsored approximately 45 Skilled Workers, so the consequences of the decision were extremely serious for both the company and its workforce.
The Home Office had raised concerns relating to two sponsored workers. The allegations were that:
the workers had completed fewer hours than stated on their Certificates of Sponsorship
their pay during the relevant periods was lower than expected, and certain periods of reduced hours or absence had not been dealt with in accordance with sponsor requirements
the company had failed to comply fully with its reporting duties
On that basis, the Home Office treated the matter as sufficiently serious to justify immediate revocation of the Sponsor Licence.
For a care provider, the impact was particularly significant. The company relied heavily on sponsored staff to provide continuity of care to vulnerable service users, including individuals with complex and specialist care needs.
Loss of the sponsored workforce created potential difficulties with safe staffing levels, continuity of care, regulatory obligations and the immigration position of dozens of employees. The revocation also resulted in relevant health and social care stakeholders being notified of the Home Office's decision.
This is the part that businesses often underestimate. A revocation is not just an immigration problem. For a regulated care provider, it reaches into staffing, regulatory standing and the day to day safety of the people being cared for.
NARA Solicitors was instructed urgently to challenge the revocation.
We made representations under the Judicial Review Pre-Action Protocol. The Pre-Action Protocol is the formal step before judicial review proceedings are issued. It gives the Home Office the chance to look again at its decision before the matter reaches the court, and it is often the fastest route to a resolution when a licence has been revoked with immediate effect.
Following our representations, the Home Office reconsidered the matter.
If your Sponsor Licence has been suspended or revoked, do not wait. Book a consultation with our team as early as possible.
The challenge was successful and the Sponsor Licence was reinstated.
The provider is now able to continue operating with its sponsored workforce and providing care to its service users.
A revocation decision is not necessarily the end of the matter. Sponsors often assume that once the licence is revoked, there is nothing left to do. That is not correct. Where there are grounds to challenge the decision, the Pre-Action Protocol route can lead to the Home Office reconsidering.
The best position, of course, is not to get there at all. Accurate records of hours worked and pay, correct handling of absence and reduced hours, and timely reporting on the Sponsor Management System are the areas the Home Office looks at closely. A sponsor licence compliance audit can identify problems while you still have time to fix them.
How we can help
At NARA Solicitors, we handle sponsor licence applications, compliance audits, and suspension and revocation challenges. We act for care providers and other regulated businesses across the UK, and we are used to working at speed when a licence is at risk.
You can read more of our client outcomes on our success stories page.
If your organisation is facing Sponsor Licence action, NARA Solicitors is here to help. Our team is ready to review the decision, advise on your options and act quickly where the timescales are tight.
Book a consultation with NARA Solicitors today.
