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The High Court has definitively refused permission for a judicial review in Geocare Services Ltd v SSHD. Despite pleas for leniency, the "nuclear option" of licence revocation was upheld.
Workers facing
visa curtailment
Salary discrepancy
on a single CoS
Interim Relief
Granted
The investigation began when HMRC automated data alerted the Home Office that sponsored workers were receiving pay significantly lower than the figures registered on their Certificates of Sponsorship (CoS).
On 10 September and 6 October 2025, the Home Office formally requested payroll evidence and bank statements. The provided records revealed two critical discrepancies: one worker was underpaid by 15%, while another was shorted by a staggering 36% compared to their CoS promises.
Desperate to save the business, the claimant care home applied for "interim relief"—asking the court to temporarily swap the revocation for a suspension. They argued that the errors were technical and born from an "honest oversight."
Mrs Justice Lang refused permission for a judicial review. The court held that paying less than the promised salary is a mandatory ground for revocation. The fact that workers "voluntarily" chose fewer hours was legally irrelevant.
The court reaffirmed that the Home Office is entitled to a "light trigger" in enforcement. They are not required to prove worker exploitation; simply proving a breach of the technical rules is enough to justify permanent revocation.
Mistake: Assuming employee "consent" overrides CoS salary requirements.
Mistake: Failing to update the SMS within the strict 10-day window.
Mistake: Waiting for monthly payroll runs to review compliance data.
Mistake: Thinking an "Honest Oversight" defense works in High Court.
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