Jessica Smeaton

Viewing: Business Immigration for Jessica Smeaton

Jessica’s Business Immigration practice centres on JR challenges to sponsor licence revocations and appeals against civil penalties imposed on businesses found to have been employing illegal workers. She is well-placed to deal with these issues given the overlap between immigration and employment law and is often asked to advise employers on day-to-day issues concerning the right to work and sponsor licences
Relevant instructions include:
(1) Instructed to advise on and draft a JR challenge to a decision to revoke the sponsor licence of a successful garage franchise responsible for the retail sale of automotive fuel at a number of garages in the UK. The franchise employed a number of non-EEA migrants who were affected by the licence revocation. We sought an interim order to protect the position of those employees and so that the business could continue to function
(2) Instructed to advise on and draft grounds of appeal against a decision to issue a civil penalty against a restaurant alleged to have employed three non-EEA migrants who did not have the right to work in the UK. The employer maintained that it had carried out the necessary employment checks and thereby established a statutory defence so that it ought not to be liable for the civil penalty.
(3) Instructed to advise a non-EEA migrant who had been dismissed from his employment in respect of his ex-employer’s obligations as a potential sponsor, the requirements of the Resident Labour Market Test and whether they had been met by his potential sponsor, and whether the employer could have taken action to avoid dismissing him whilst still complying with their duties as a sponsor licence holder.
(4) Instructed to advise two car dealerships as to their potential liability for a civil penalty in respect of a non-EEA national whose employment had arguably transferred between the companies in accordance with TUPE 2006 and whether the civil penalty could be enforced against the company which had ceased trading.
Languages
French (working knowledge)
Recommendations
“She has an undoubted talent to be able to distil the core issues in a case.”
Legal 500 2019
“Incredibly responsive and very thorough”
Chambers UK 2019
Memberships
Immigration Law Practitioners’ Association
Qualifications
European Master’s Degree in Human Rights and Democratisation
LLB Law