In a hard-fought legal battle, we successfully secured leave to remain for our client, a long-term resident and NHS pharmacist, after her initial application was rejected by the Home Office. Despite the original decision being made against her, we didn’t give up and continued to pursue the case through multiple levels of appeal. This culminated in a favourable outcome and human rights appeal victory that recognised the strength of our client’s ties to the UK.

 

 

Background

 

Our client had been living lawfully in the UK since the age of 9 and had built a life in the country, both professionally and personally. After being refused leave to remain in 2023, the Home Office argued that her absence from the UK exceeded the threshold of 540 days over the 10-year qualifying period, disqualifying her from the possibility of indefinite leave to remain. They claimed that her residence had not been continuous, largely due to absences, including an extended period during the COVID-19 pandemic.

 

However, this is where the case took a different direction. The Tribunal initially dismissed the appeal, but we didn’t accept the decision. Recognising the significant impact of our client’s contributions to UK society and her exceptional circumstances—particularly surrounding her extended absence during the pandemic—we appealed the decision to the Upper Tribunal. We argued that the judge had made an error in dismissing key aspects of the case, such as the reasons behind the absences and the overall depth of the appellant’s integration into life in the UK.

 

In the Upper Tribunal, we successfully argued that the appellant’s absence during the COVID-19 pandemic should be considered exceptional. Travel restrictions had kept her outside of the UK for months, and we presented compelling evidence that this period of absence should not be held against her, as it was entirely beyond her control. The Upper Tribunal agreed, and the case was sent back for a new hearing.

 

Appeal Hearing

 

At the rehearing, we focused on the fact that our client had spent the majority of her life in the UK and had established a deeply rooted private life. We also highlighted her work as a pharmacist in the NHS, emphasizing the important role she played in the UK’s healthcare system. The refusal to grant her leave, we argued, would not only harm her personal well-being but also deprive the NHS of a highly qualified professional. The Tribunal accepted this line of reasoning, noting that our client had been a valued employee and had a strong professional and personal life in the UK.

 

Despite the Home Office’s initial stance that the appellant’s immigration history was precarious, the Tribunal recognised that her long period of lawful residence and her contributions to the NHS were significant factors in her favour.

 

We also addressed the balance between immigration control and human rights, ultimately making the case that, in this instance, the public interest in maintaining strict immigration rules was outweighed by the negative impact the refusal would have on the appellant’s life. The Tribunal acknowledged that the appellant’s personal and professional ties to the UK were exceptional and that it would be a harsh and disproportionate outcome to remove her.

 

The decision ultimately allowed our client to remain in the UK, reinforcing the principle that individual circumstances such as long-term residence, professional contributions, and the impact of exceptional events like the pandemic, must be carefully weighed in human rights cases. While the Home Office’s refusal was initially based on a strict application of the Immigration Rules, the Tribunal’s final decision acknowledged that the appellant’s situation merited a more compassionate approach.

 

Conclusion

 

This case is a clear example of the importance of persistence in immigration appeals. While the initial decision was a setback, our determination to challenge the ruling and present a well-supported case ultimately led to a successful outcome. It serves as a reminder that legal pathways exist to contest decisions that may fail to fully consider the human aspects of an individual’s life in the UK, particularly when they have made significant contributions to the community and society.

 

Through this victory, our client has not only been granted the opportunity to continue her life in the UK but has also contributed to reinforcing the principle that immigration decisions should consider the whole picture—the individual’s rights, their contributions, and the exceptional circumstances that may be at play. It was a long road, but in the end, justice was done.

 

Have questions? Get in touch today!

 

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

 

Email us on info@lisaslaw.co.uk.

 

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

 

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The hospitality industry plays a key role in the UK’s diverse labour market, employing millions of people and contributing significantly to the economy. However, following Brexit and the end of freedom of movement, the UK hospitality sector is experiencing an acute skills shortage. Ongoing changes to immigration laws have also created uncertainty and made it difficult for employers to employ hospitality workers from overseas. We covered a report which highlighted some of the challenges facing employers here.

 

To recruit more diverse and outstanding talent from around the world, it is important for employers to understand and comply with current immigration law. In this article, we will explain how hospitality businesses can employ hospitality workers from overseas to fill their vacancies.

 

 

Applying for a Sponsor Licence

 

For UK hospitality businesses planning to recruit overseas workers, it is essential that the business first applies for and obtains a Sponsor Licence from the Home Office.

 

Many people have a misconception that only large, high-income companies can obtain a sponsor licence and employ overseas workers. In fact, there is no lower limit for business size when applying for sponsor licence in the UK. Therefore, if run properly, it is also possible for small businesses, such as small takeaway shops and nail salons to be granted a sponsor licence and hire skilled workers from overseas.

 

To apply for a sponsor licence as an employer in the UK, employers usually need to make sure that the business has the necessary HR system to manage the sponsorship process and meet the sponsor licence duties.  They need to prove that they have the genuine need to sponsor overseas workers for eligible roles and that they will pay a salary that meets the minimum requirements of the skilled worker visa.

 

Key personnel for sponsor licence

 

At the same time, the employers need to make sure they have key personnel who are “honest and dependable”. The key personnel would be the authorising officer, key contact, and level 1 & 2 users. An authorising officer is a senior person who’s got the ultimate responsibility for the licence as well as any immigration issues. The key contact is the primary person who communicates with the Home Office, and the Level 1 user should be a British or settled person who is responsible for the day-to-day management of the sponsorship licence and the application for the skilled worker visa (unless the authorising officer is on a Tier 1 visa).

 

It is up to them to ensure that all of the licence duties as a sponsorship holder are met. All three of these roles can be performed by the same person, in other words, a one-person small company can have the opportunity to apply for a sponsorship licence. However, it is important to note that the above key personnel must not have a criminal or penalty record, as this may affect the licence application.

 

Do I need a physical office when applying for a sponsor licence?

 

In light of the rise in remote work, many companies no longer maintain on-site offices, and the Home Office does not strictly require all sponsors to have a physical office. However, for most hospitality companies, a physical office or shop is still necessary. Therefore, the necessity of leasing an office when applying for a work visa qualification must be evaluated on a case-by-case basis, taking into account the specific operational requirements of the company in question.

 

The core of applying for a sponsorship licence is to prove that the business is genuine, operating, and trading lawfully in the UK. Once an employer submits the sponsorship licence application, the Home Office may also arrange a pre-compliance visit to check if the business really meets  the requirement.

 

Skilled worker visa for hospitality workers

 

With the sponsor licence, employers can apply for the skilled worker visa for their foreign candidates. The UK Skilled Worker Visa route enables hospitality businesses such as hotels and restaurants to bring highly skilled overseas workers to the UK on either a temporary or long-term basis. Read our guide to the skilled worker visa here.

 

Employers then need to apply for a certificate of sponsorship (CoS) and use the certificate to apply for the skilled worker visa for foreign worker to the UK. Employers must assign a CoS to each foreign candidate from the Home Office and each CoS can only be used once. Once the certificate is assigned, the worker must apply for a visa within 3 months.

 

What fees do I need to pay to employ hospitality workers from overseas?

 

Regarding the costs that employers are most concerned about, there are three important fees that need to be paid if you want to employ overseas staff.

 

The first is the application for a sponsor licence, which is £536 for small businesses.

 

The second is the Certificate of Sponsorship (CoS)  application fee, the key to the skilled worker visa application, with one proviso for each candidate and an application fee of £239.

 

The Immigration Skills Charge is a tax levy applied to businesses that employ foreign workers. For small businesses, the skills surcharge is £364 for the first year and £182 for every six months thereafter. Therefore, the cost of sponsoring an oversea employee for five years can be up to £1,820.

 

According to the immigration law, it is the responsibility of the employer to pay the three fees. Other fees, such as skilled worker visa application fees, immigration health surcharges, are not mandatory by law.  Companies will either require the employee to pay these themselves or offer to cover them.

 

The financial costs of employing overseas staff are sometimes forgotten about by the wider public, but are an important consideration for UK employers, particularly for smaller business.

 

Other responsibilities

 

While a sponsor licence has been granted, this does not automatically entitle the employer to issue a UK work visa to any foreign employee. When employing overseas staff, it is essential for UK employers to align the requirements for the candidate role with the standards of skilled worker visa requirements.

 

Minimum salary

 

Employers should also ensure that the salary offered to the candidate can meet the minimum standard of skilled worker visa. The Home Office has updated the Skilled Worker salary standard earlier this year, with the minimum salary for a skilled worker visa increasing from £26,200 to £38,700. It is worth noting that, however, the £38,700 figure does not apply to all applicants.

 

The Home Office has also set out a series of requirements based on different length of work experience and different industries. The rise to the minimum salary for skilled worker visas has had far-reaching effects on hospitality’s labour shortage, particularly in entry-level and junior positions, which are usually in lower salaries. Employers should analyse each candidate’s situation thoroughly and adjust their costs and staffing needs when hiring oversea workers.

 

Informing the Home Office and Updating Records

 

Hiring overseas employees is not just about obtaining work visas for them. The employers have the responsibility to inform the Home Office about any changes to the employee’s work and keep updated records. The Home Office has the right to visit and review the relevant documents at any time.

 

Failure to fulfil the employer’s responsibilities may result in the cancellation of the employee’s UK work visa, as well as potential fines and the suspension or revocation of the employer’s sponsor licence. The Home Office has been conducting increasingly strict compliance checks on sponsor companies, particularly when it comes to hospitality businesses. In the second quarter of 2024, 499 work permits were cancelled and 524 were suspended. This is almost double what it was in the first quarter of 2024, when 519 were either suspended or cancelled.

 

Medium and big companies usually have more comprehensive HR systems which allow them to operate their records better. Small companies may not have such a system to keep them informed about legal requirements and the consequences of non-compliance. It is therefore crucial for small business employers to maintain good record-keeping and update information in a timely manner.

 

Which hospitality jobs are classed as being high-skilled roles?

 

The Home Office uses the job’s Standard Occupational Code (SOC) to assess whether a job is eligible for the Skilled Worker Visa route. While some hospitality and blue-collar jobs may not traditionally be viewed as highly skilled, there are some certain hospitality worker jobs that are eligible under the route and appear in the SOC list. We have organised some common high-skilled roles in hospitality industry: We have listed some of the most common qualified high-skilled roles in the hospitality industry.

 

• Production managers and directors in construction
• Managers and proprietors in agriculture and horticulture
• Hotel and accommodation managers and proprietors, including caravan park owners, hotel managers, and landladies (boarding, guest, lodging house)
• Restaurant and catering establishment managers and proprietors, including café owners, fish & chip shopkeepers, operations managers (catering), restaurant managers, and shop managers (takeaway food shop)
• Chef, Chef-manager, Food stylist, Head Chef, Pastry Chef
• Cook, Cook-supervisor, Fish fryer, Head cook
• Bar manager, Catering manager, Floor manager (restaurant), Kitchen manager, Steward(club)
• Publicans and managers of licensed premises
• Leisure and sports managers, including amusement arcade owners, leisure centre managers, social club managers, and theatre managers
• Travel agency managers and proprietors
• Hairdressing and beauty salon managers and proprietors
• Conference and exhibition managers and organizers, including conference coordinators, event organizers, events managers, exhibition organizers, and hospitality managers
• Dance choreographers
• Garden designer

Conclusion

 

The changing immigration rules have made it challenging for UK employers to manage staffing and operating costs, especially hospitality businesses. It is especially important to ensure that employment processes are legally compliant. Lisa’s Law’s Immigration team is experienced in assisting in such matters. We will be able to advise you on the latest requirements and guide you throughout the process.

 

Should you wish to know more information about the UK sponsor licence or, indeed, skilled worker visa, please do not hesitate to contact Lisa’s Law and our experienced solicitors will be happy to assist you.

 

Have questions? Get in touch today!

 

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

 

Email us on info@lisaslaw.co.uk.

 

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

 

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

The Home Office has published the Global Universities List 2024 . The list covers qualifications awarded between 1 November 2024 and 31 October 2025. The importance of the Global Universities List lies in its ability to determine whether a person is eligible for a high potential individual visa. Let’s take a look at the what the High Potential Visa is, how to apply, and which universities are included on the list.

 

 

What is the High Potential Individual Visa?

 

The UK’s High Potential Individual (HPI) visa is designed for graduates from leading global universities, offering them the opportunity to work in the UK without the need for sponsorship or a job offer. This visa route aims to attract top international talent, enabling graduates to pursue their career goals in the UK while also providing UK employers with access to a diverse pool of skilled professionals.

 

In this guide, we will outline the eligibility criteria and application process for the HPI visa. Additionally, we will explore the options available for visa holders to extend their stay in the UK by transitioning from the HPI visa to a longer-term visa category.

 

The High Potential Individual visa offers an unsponsored path for internationally-educated, highly skilled graduates who want to enhance their career prospects in the UK. Applicants must hold a degree-level qualification from an overseas university that is recognized as one of the top institutions globally.

 

To qualify for the HPI visa, applicants must have obtained a bachelor’s or postgraduate degree from a university featured on the Home Office’s Global Universities List within the last five years. The list includes universities ranked highly by global ranking organisations such as the Times Higher Education World University Rankings, Quacquarelli Symonds World University Rankings, and the Academic Ranking of World Universities.

 

Eligibility Criteria

 

• To qualify for this route, you will need to have been awarded an overseas bachelor’s or postgraduate degree qualification in the last 5 years from a top global university from the list below.

 

• You must have the ability to understand and communicate in English to the B1 level

 

• You must show that you have at least £1,270 in your bank account for at least 28 days prior to your application

 

• There must be no adverse criminal or immigration history.

 

Application process

 

To apply for the visa you will need to complete an application form and submit a number of documents. We at Lisa’s Law specialise in such application and will ensure that all the required documents are submitted so that the application proceeds smoothly.

 

Successful applications

 

If your applications are successful, you will be granted a 2 year visa. If you have a PhD or other doctoral qualification, it will last for 3 years. After the visa expires there are a number of visas you can switch to providing that you meet the requirements.

 

2024 Global University List for HPI route

 

This list of universities includes:

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Have questions? Get in touch today!

 

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

 

Email us on info@lisaslaw.co.uk.

 

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

 

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.