Tier 2 Sponsor licence suspension – The threat is real
The case of R (on the application of Raj and Knoll Ltd) v Secretary of State for the Home Department, which was an application for a judicial review of the Secretary of State’s decision to revoke the Tier 2 sponsor licence of a nursing home operator, illustrates just how diligent licence holders need to be.
The nursing business in question had its tier 2 licence revoked in June 2014 following a series of inspections. Listed in the hearing were a series of failures on the part of the licence holder to keep accurate and up to date records. These are worth taking note of as they show just how little room for error is allowed in these matters.
Grounds for dismissal
The grounds on which the appeal was rejected included the following administrative shortcomings:
- Failure to retain evidence of the relevant labour market test
- Failure to provide evidence of the right to work of a single employee (the business employed 65 people and 11 workers on visas).
- Failure to note the expiry date of one employee’s visa.
- Inconsistencies in the workers’ place of work and their certificates.
Clearly these are hardly the most serious offences. However, these failures were deemed notable as evidence and the appeal was rejected with the comment that the grounds for that decision were ‘obvious and axiomatic’ (i.e. self-evident).
No room for error
What is equally obvious and axiomatic from the case of R (on the application of Raj and Knoll Ltd) v Secretary of State for the Home Department is that anyone operating a tier 2 Sponsor Licence is operating in a climate which is entirely unforgiving. There is absolutely no room for error in any aspect of the administration of the licence, and seemingly no second chance to remedy any slips. Even something as trivial as leaving one cell of a spreadsheet incomplete may be enough to cause as Tier 2 Sponsor licence suspension. There is no room for error.
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