The Secretary of State reinstated a care home’s sponsor licence within 20 working days after ZH Law challenged the revocation through a Pre-Action Protocol letter. The decision was reversed because the right arguments were made at the right time.
The Situation
The client was a care home business that had entered administration. While the business was navigating one of the most difficult periods a company can face, the Secretary of State issued a decision revoking their sponsor licence with immediate effect and without giving the business any opportunity to respond beforehand.
For a care home relying on internationally sponsored workers to maintain staffing levels, this was an operational emergency as much as a legal one.
The Legal Requirement
A business facing sponsor licence revocation must be given the opportunity to make representations before the decision is finalised. This is a basic principle of procedural fairness and it applies regardless of how the Secretary of State classifies the grounds for revocation in its own guidance.
That process was not followed here.
How ZH Law Responded
The care home instructed ZH Law. Principal Barrister Zainul Jafferji, supported by paralegal Muhammad Mohi-ud-din, reviewed the revocation decision and identified the procedural failures and drafted a detailed Pre-Action Protocol letter.
The letter set out precisely why the revocation was unlawful, what the correct process required, and what steps ZH Law intended to take if the Secretary of State did not remedy the position.
The Secretary of State conceded. They acknowledged the decision had been reached incorrectly and the sponsor licence was reinstated within 20 working days.
What This Means for Your Business
A sponsor licence revocation does not have to be the end. If the Secretary of State has revoked or suspended your licence without following the correct process, without giving you the opportunity to respond, or without adequate reasoning, legal routes remain available to you.
ZH Law advises businesses at every stage of sponsor licence enforcement action, from the first letter through to Judicial Review proceedings where necessary. The earlier you seek advice, the more options remain open.
If your sponsor licence has been suspended or revoked, contact ZH Law today.
This article is for information purposes only and does not constitute legal advice. For advice specific to your situation, please contact ZH Law.
