The Court of Appeal has dismissed an appeal where a Skilled Worker argued that a refusal was procedurally unfair because they had not been told that their sponsor’s licence had been revoked. The case is Tammina & Anor v Secretary of State for the Home Department [2025] EWCA Civ 24.
The appellant argued that the refusal of his Tier 2 application in 2018 was procedurally unfair because he had not been notified that his employer’s sponsor licence had been revoked in 2017. The appellant relied on the Supreme Court’s decision in R (Pathan) v Secretary of State for the Home Department [2020] UKSC 41 where it was held that the Home Office had been procedurally unfair in failing to promptly notify the individual that their employer’s sponsor licence had been revoked three months earlier.
However, the Court of Appeal found in Tammina that the Home Office did not have a duty to notify the appellant. This was because the appellant was already aware that the licence had been suspended following a compliance visit and therefore the appellant’s Certificate of Sponsorship was in doubt, and because of this the appellant had the opportunity to clarify the situation with their sponsor and make alternative arrangements to remain in the UK.
This case shows that Skilled Workers cannot rely on the Home Office notifying them individually of changes in the status of their sponsor. Whether a duty to inform workers exist will depend on the individual circumstances.
Key messages for Skilled Workers:
- As curtailment notices can take a long time to process, Skilled Workers should ensure they are aware of the status of their sponsor. The Home Office keeps a list of employers that hold a sponsor licence which is updated daily - register of licenced sponsors. When sponsor licences are suspended or revoked, a sponsor’s name will be removed from the list.
- Ensure your contact details are up to date on your eVisa and check your inbox and junk folder for messages from the Home Office regularly. Link to update your UKVI account details.
- If you are expecting or receive a notice of visa curtailment or cancellation, it is important to urgently look for new sponsorship and take steps to secure your status in the UK.
How we can help
Our business and skilled migration team works with individuals and businesses. We assist with:
- Sponsor licence suspensions and revocations
- Challenging sponsor licence revocations
- Compliance visits and audits
- Working with individual skilled workers affected by curtailment or cancellation
If you require assistance or would just like to discuss your situation with one of our experts please call us or complete our enquiry form.