Admin failures result in loss of licence to employ non-EEA...

A care home has lost its sponsor licence to employ non-EEA migrant workers because it failed to comply with its record-keeping duties and with the resident labour market test.

The Home Office revoked the licence because the sponsor had moved premises while allowing its certificates of sponsorship to continue displaying the old address.

While recruiting, it also failed to comply with the resident labour market test, and failed to comply with record-keeping and reporting obligations outlined in the UK Border Agency's Guidance for Sponsors.

The judge found that the Home Office had been entitled to revoke the licence because the sponsor had not provided documents within the specified timeframe.

He also held that the sponsor's failure to report its change of business address was a serious breach justifying revocation in itself.

The Court of Appeal upheld the decision saying that the importance of proper record-keeping, and being able to produce documentary evidence on request, was not just obvious but was spelled out in the UK Border Agency's “Guidance For Sponsors: Tier 2 and 5 of the points-based system”.

Please contact our employment law team if you would like more information about the issues raised in this article or any aspect of employment law.

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