21 July 2016 #Immigration
Some business truths will never change. The ability to recruit and retain talent will remain as important as ever. Indeed, in a post-Brexit world the ability to appoint trade globally will be permanent.
As it stands the freedom of movement for EEA workers exists so that they are able to work in the UK. If an employer wishes to employ skilled non-EEA workers, they have to have a sponsorship licence. The importance of a sponsorship licence is likely to grow post-Brexit as a mechanism of recruiting and retaining global talent.
The Court of Appeal has decided this week in the case of R-V-Secretary of State for the Home Department  EWCA Civ 770 that the Secretary of State had been entitled to revoke a sponsorship licence where the sponsor had failed to complete his record keeping duties and the resident labour market test, and had failed to rectify its failures within a specified period.
In this case the sponsor operated three care homes. The revocation of its licence meant that it can no longer employ skilled non-EEA migrant workers. The sponsor had moved premises whilst allowing its certificate of sponsorship to continue displaying the old address. As a consequence of not having a sponsorship licence the employees will have lost their jobs, the sponsor’s reputation and its ability to provide services may have been impacted, and its ability to employ overseas staff in the future will be at risk. This case is a timely reminder to sponsors of the importance of complying with record keeping duties, being able to produce documentary evidence on request, and following the correct recruitment processes.
If you employ non-EEA migrant workers and require support or assistance with your sponsorship licence, please feel free to contact a member of our immigration team.