In the recent case of R (Sri Prathinik Consulting Limited) v SSHD  EWHC 3204 (Admin), the High Court upheld the Home Secretary’s decision to revoke a Tier 2 sponsor licence.
The judgment confirms that it is reasonable for the Home Secretary to revoke a licence where the sponsor has assigned a restricted Certificate of Sponsorship (RCoS) more than 6 months after the role was first advertised.
The sponsor unsuccessfully tried to argue that this rule should not apply in their case, as they had provided details of their advertising when they requested the RCoS and it had been allocated to them notwithstanding the fact that the advertising was already out of date. This is a reminder that even if the Home Office allocates an RCoS, or approves a visa application, this does not amount to a waiver of any breaches committed by the sponsor.
The judgment also confirms that a licence may be revoked if the sponsor is unable to produce the required screenshots of online advertisements as evidence of having completed the Resident Labour Market Test (RLMT).
We know many sponsors struggle to take compliant screenshots. It is vital that you comply with the detailed rules set out in the sponsor guidance, and sponsors would be well advised to refresh their memory of these.