Jurisdiction(s):
United Kingdom

Prestige Social Care (Admin Ct): Annex C1(z) ‘non‑genuine roles’ and C1.44 vacancy‑not‑worker test; Annex C2 revocation; s 31(2A) relief refused

Published on: 25 November 2025

Published by a LexisNexis Immigration expert

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Article summary

R (on the application of) Prestige Social Care Services Ltd v Secretary of State for the Home Department [2025] EWHC 2860 (Admin) What are the practical implications of this case?

Prestige Social Care Services Ltd now stands as the leading first‑instance ruling on what counts as a ‘non‑genuine role’ under Annex C1(z), in the wake of Prestwick Care Ltd.

First, the court confirms that Ground (z) proceeds via two routes:

an ‘examples route’ (Ground (z) and paras C1.46–C1.47), under which conclusions of pretence, overstatement, fabrication, or posts contrived to facilitate immigration require dishonesty or other blameworthy conduct, and the Balajigari/ R (SCL Social Care) procedural fairness protections apply [51]–[53]; and
a ‘C1.44 route’, where—by ‘focussing on the role not the worker’—UKVI may treat a role as non‑genuine if it reasonably finds the vacancy, as described, lacks one or more of the three C1.44 characteristics [55(iv)].

The judge’s core statement that ‘C1.44 relates to the job, not the worker’ [46(a)] will be relied upon extensively in practice. It guides casework and advice away from equating weak performance or individual unsuitability with a non‑genuine vacancy [46(b)].

Secondly, Prestige Social Care Services Ltd underscores the continuing centrality of Annex C2(a)–(b). Even...

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