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Does Your Business Rely on Migrant Workers? Watch Out!

Many businesses depend on migrant workers from outside the European Union but the rules on employing them have become increasingly tough. In one case, a nursing home faced insolvency after being caught out in a Home Office investigation.

The home had its licence to sponsor entry into the UK by non-EU workers revoked following allegations that three of its employees, who had been registered as skilled public relations officers, were in fact working as care assistants.

In challenging the decision at the High Court, the nursing home insisted that the three had worked in accordance with their job descriptions. It was also submitted that the withdrawal of the licence would put the home out of business, resulting in the loss of more than 100 jobs and uncertainty for many vulnerable residents.

In refusing to overturn the decision, however, the High Court found that the home had seriously defaulted on its obligations under the licensing scheme and breached the trust placed in it by the Home Office. The Court noted that it remained open to the home to recruit staff from Britain or other EU member states.