UK Legal Rules in Case of Tier 2 Visa Sponsorship Revocation
Tier 2 Visa Sponsor Case Could Impact Future Applicants
In a recent case before the Court of Appeal, there was a ruling on what obligations the Home Department has, to workers who have applied for a Sponsor License Tier 2 visa, portraying the rigidity of the Points Based System. The Pathan & Anor v Secretary of State for the Home Department decision is important for those considering applying for a Sponsor License Tier 2 visa for work within UK.
This lawsuit came about after Tier 2 (General) leave to remain visas were denied to two workers after the companies sponsoring them had their sponsorship privileges revoked, after the visa application process had begun. The workers felt they should have been provided with notice of their sponsors’ change in status so that they had time to seek alternative sponsors.
The court ruled that the Home Office was under no obligation to provide these workers with notice of the revocation or a grace period to allow them to find new sponsors. This was based on the fact that the Tier 2 visas are designed to enable companies to hire workers from outside the UK, if they are unable to find qualified UK workers. Since the visas that were applied for, were based on the need for these companies to fill a specific job that cannot otherwise be filled, once that sponsorship was no longer available, the Tier 2 (General) applications no longer had any legal status.
The applicants who had their visas denied were required to leave the UK but they were free to apply for alternative positions at other companies. If they were able to find new sponsors, they were still free to apply for new Tier 2 visas.
The ruling distinguished between this case, and cases where students have applied for Tier 4 visas through schools, that later lost their rights to sponsor students. In this case, the students were given a grace period in which they could attempt to find a different schools to attend in order to pursue their studies.
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