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Need Skilled Migrant Workers for Your Business? Be Careful!

Many businesses rely on skilled workers from abroad, but the immigration rules which apply to them are both complex and strict. In an illustration of the point, the owners of a care home were left wishing that they had taken professional advice after a Home Office swoop put their livelihood in jeopardy.

The home held a licence to sponsor entry into the UK by skilled workers from outside the European Economic Area. One such worker had been registered by the home as a public relations professional. However, following a site inspection by immigration officers, suspicions were raised that he was in fact employed as a senior carer, a post which did not meet the required skill level.

The home’s sponsorship licence was revoked despite its owners’ plea that losing access to migrant workers would ruin the business. In dismissing the home’s appeal against this decision, the High Court found that the Home Office had rationally concluded that the worker’s role was inconsistent with his declared job description.