Sponsor Licence Refusals: What You Need to Know

After the Home Office reviews your sponsor licence application, they will notify you whether your licence has been approved or refused. Unfortunately, there is no right to appeal a sponsor licence refusal. However, there are several options available to challenge or address a refusal.

Options for Challenging a Sponsor Licence Refusal

1. Request for Correction:

   • If the refusal was due to a caseworker error or overlooked supporting evidence, you can request the Home Office to correct the mistake. Depending on the situation, you may also submit a new sponsor licence application.

2. Judicial Review:

   • If the refusal was unlawful, unreasonable, or procedurally improper, you can apply for a judicial review to challenge the decision. This legal process allows a court to review the Home Office’s decision.

3. Reapplication:

   • You can submit a new sponsor licence application, but the timing will depend on the reason for the original refusal:

     • Immediate Reapplication: If the refusal was due to missing documents or information because of factors beyond your control, or if the application was submitted by a representative.

     • Six-Month Waiting Period: If the refusal was due to reasons such as submitting false documents, inadequate processes to comply with sponsor duties, unspent criminal convictions, being legally banned from becoming a company director, not having a UK trading presence, or failing to meet the criteria for the sponsor category.

     • Twelve-Month Waiting Period: If you received a Civil Penalty, you must wait 12 months from the date the penalty became payable. In some cases, the waiting period could extend to five years

Key Considerations for Sponsor Licence Refusals

• Correction Requests:
  Must be submitted within 14 calendar days of the refusal. The Home Office will not consider any new evidence that was not available at the time of the original application.

• Judicial Review Applications:
  Should be submitted within three months of the refusal decision. Before initiating a judicial review, you must send a Pre-Action Protocol letter to the Home Office, notifying them of your intent and giving them a chance to reconsider their decision.

• Reapplication:
  When submitting a fresh application, ensure that all issues leading to the previous refusal are addressed. Be prepared for a possible visit from a UKVI compliance officer to verify that your systems and procedures meet sponsorship obligations.

How Our Immigration Barristers Can Assist

A sponsor licence refusal can severely impact businesses relying on skilled migrant workers. Our immigration barristers specialize in challenging sponsor licence refusals and can help you:

• Correct Caseworker Errors:
  We assist in identifying and remedying mistakes in sponsor licence refusal decisions.

• Judicial Review:
  We guide employers through the judicial review process to challenge refusals effectively.

• Fresh Applications:
  We help prepare and submit new sponsor licence applications, ensuring that previous issues are resolved.

Why Choose Us?

We understand the critical importance of a sponsor licence to your business. Our team is approachable, proactive, and dedicated to meeting your needs with clear and reliable immigration advice. We are committed to providing a professional and friendly service that helps safeguard your business’s access to skilled talent.