If the UK Home Office revoked your Tier 2 Sponsor Licence and you feel that this decision was disproportionate or unlawful, you may have the right to contest through a Judicial Review. The legal analysis is if the choice was correct, not whether it was fair or appropriate. Judicial Review is your ticket if you feel that the Home Office has done something wrong when it comes to your case.
Trying to overturn it through Judicial Review is tricky, so hire an immigration solicitor with knowledge of the law to help you. Below is a step-by-step breakdown of how you can appeal a Tier 2 Sponsor Licence revocation under Judicial Review.
Step 1: Learn The Reason Your License Was Cancelled.
You should first go through the revocation letter thoroughly. That should state why your Tier 2 Sponsor Licence was canceled. You have a good case for Judicial Review if they are vague or missing reasons. You should talk to an experienced immigration attorney to find out where you stand and what to do next.
Step 2: Check the Laws at the Time of the Revocation
Immigration laws and regulations change frequently, so it’s important to know which laws were in place when your license was revoked. This can be a tricky step, so having a qualified solicitor on your side is essential. They can help identify if any new or unexpected regulations were applied to your case.
Step 3: Gather Evidence to Support Your Case
To challenge the revocation, you need solid evidence. This could include documents, records, witness statements, and proof of how the revocation has impacted your business and employees. The more evidence you have, the stronger your case will be.
Step 4: Attempt to Resolve the Issue with the Home Office
Before going to court, it’s often a good idea to try and resolve the issue directly with the Home Office. You can do this by sending a legal letter explaining why the revocation was unjust. Your solicitor can help draft this letter, including a request for a response within a set timeframe (usually 14 days). If you don’t receive a satisfactory response, the next step would be to apply for Judicial Review.
Step 5: Apply for Judicial Review Permission
If the Home Office does not respond positively or doesn’t respond at all, the next step is to apply for permission for a Judicial Review. This means you’ll need to submit all your evidence to the Administrative Court and the Home Office. Your solicitor will help you present a strong case, showing that the Home Office made an error in revoking your Tier 2 Sponsor Licence.
At this stage, the Home Office may offer to negotiate, ask you to reapply, or even withdraw their decision. If they do not, the Judicial Review process will proceed. Having a strong case at this point can lead to a quicker settlement.
Step 6: Wait for a Response from the Home Office
Once you’ve applied for Judicial Review, the Home Office has 14 days to respond. If they do not withdraw the revocation or offer a settlement, the judge will decide whether to grant a hearing. You must have explored all other legal options before the judge will allow the case to move forward.
If the judge refuses to grant a hearing, your solicitor will advise you on your next options.
Step 7: Judicial Review Hearing
If the case proceeds, a Judicial Review hearing will take place. Both parties will present their case to the judge. You are not usually required to attend court in person, unless you want to, and it’s rare for witnesses to be called. Often, witness statements are submitted ahead of time, and the case will be heard by the judge based on these documents.
Step 8: Await the Judge’s Decision
After the hearing, the judge will issue a decision. If your case is strong and proves that the Home Office acted unlawfully or unreasonably, you’re more likely to get a favorable result. If the decision is not in your favor, you may have the option to appeal.
It’s important to remember that the Administrative Court doesn’t rule on whether you are guilty of any violations that led to your license revocation. However, the court can quash the Home Office’s decision and order them to reconsider it with the court’s findings in mind.
Why You Need a Skilled Immigration Solicitor
Challenging a Tier 2 Sponsor Licence revocation through a Judicial Review can be a complicated process. It’s essential to have the right legal support to ensure the best chance of success. At Law and Visas, our experienced immigration solicitors can guide you through every step of the process, from understanding the revocation letter to preparing for a potential hearing.
We will help you gather the necessary evidence, draft legal letters, and represent you effectively in negotiations or court. Our goal is to resolve your case as quickly and efficiently as possible, helping you avoid the lengthy and costly process of a Judicial Review.
If you have received a Tier 2 Sponsor Licence revocation letter, contact Law and Visas today. We’ll provide a full evaluation of your case and advise you on the best course of action moving forward.
