SPONSOR LICENCE REFUSALS
Once the Home Office has made a decision on your sponsor licence application, they will write to you to tell you whether your licence application has been approved or refused. There is no right of appeal against the refusal of an application for a sponsor licence. However, other potential remedies exist to challenge sponsor licence refusals.
Challenging Sponsor Licence Refusals
If the sponsor licence refusal decision was the result of either a caseworker error or the result of supporting evidence sent as part of your application not being considered by UKVI, then it is possible to request that the error be corrected and, if appropriate, submit a new online sponsor licence application.
If the decision to refuse your sponsor licence application was unlawful, unreasonable or procedurally improper, then you can apply to judicially review the refusal decision.
It is also possible to simply re-apply for a new sponsor licence, by submitting a fresh Sponsor Licence Application.
You can re-apply straight away if the Home Office refused your sponsor licence application because you failed to provide documents or information requested by a deadline for reasons beyond your control or because the online application was submitted by a representative.
You will have to wait 6 months before re-applying for a sponsor licence if you have been refused for any of the following reasons:
- You submitted false documents or acted in bad faith;
- You did not have sufficient processes to comply with your sponsor duties;
- You have a relevant unspent criminal conviction;
- You are legally banned from becoming a company director;
- You do not have a trading presence in the UK;
- You failed to meet the criteria to be a sponsor under the category which you applied.
If you have received a Civil Penalty then you should not re-apply for 12 months from the date on which the penalty became payable. In some cases, you may need to wait five years.
What else do I need to know about Sponsor Licence Refusals?
Requests for caseworker errors to be corrected need to be sent to the Home Office within 14 calendar days from the date of the refusal.
The Home Office will not consider any additional evidence which was not available at the time of the original sponsor licence application.
Applications for judicial review must be submitted promptly within 3 months of the refusal decision. You will first need to send a Pre-Action Protocol letter to the Home Office advising them of your intended judicial review claim and providing them with an opportunity to review their own decision.
If you decide to submit a fresh Sponsor Licence Application, you must ensure that the reasons for the earlier refusal are addressed as part of the application.
If you do re-apply, it is likely that you will receive a visit from a UKVI compliance officer who will undertake relevant checks to establish that you have the necessary systems and procedures in place to meet your sponsorship obligations.
How our immigration solicitors can help
We understand that if your business depends on skilled migrant workers, a sponsor licence refusal can be detrimental.
Our immigration solicitors are experts in challenging sponsor licence refusals. We assist employers to identify and remedy caseworker errors in sponsor licence refusal decisions and bring judicial review proceedings to challenge sponsor licence refusal decisions. We also assist employers to prepare fresh applications for sponsor licences following previous refusal decisions.
We pride ourselves on being approachable and proactive in understanding and meeting our business clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice directly to UK employers as part of a professional and friendly service.
- Agreed/Fixed Fee
Costs: Average cost from £5,000 (plus VAT at 20%)
Who Will Carry Out the Work?
- Director assisted by a Solicitor
- Associate and Assistant Solicitor assisted by Paralegal and Caseworker
- Casework supervised by Solicitor and Director
- All work supervised by the Director
Estimated Time:
- On average, 15 hours to complete
The exact time required depends on the specifics of your case, such as:
- The amount of supporting evidence needed
- Your language(s)
- Whether you are applying with dependants
- Complexities like past refusals, criminal convictions, or adverse immigration history
Providing sufficient evidence at our first meeting and clearly meeting the applicable Immigration Rules may result in lower costs.
Services Included:
- Initial consultation to consider options and assess the most appropriate application
- Advising on immigration rules/guidance and required evidence
- Advising on submission methods (priority, premium, standard)
- Assessing and advising on supporting evidence
- Assisting with obtaining further evidence, including engaging with third parties (medical experts, banks, employers)
- Preparing the application with supporting evidence
- Preparing detailed representations with an index and finalising the application
- Submitting the application and providing updates on progress
- Advising on the outcome of the application, implications of status, and next steps
Exclusions:
- Home Office fees for making the application, which you will pay directly. Find the updated list of Home Office Fees.
- Other expenses such as VAT and disbursements for medical/expert evidence or barristers.
- Advice and assistance with appeals or reconsiderations if your application is refused.
We will notify you promptly and before incurring any such fees if they are applicable.
Home Office’s application fees
Each application to the Home Office, attracts a specific Home Office’s fee.
For the current fee for your application , please click the following link Uk Home Office’s current application fees
Our timescale to Submit your application:
- Applications typically take six to eight weeks from instruction, depending on the complexity of the applicant’s immigration history. We will inform you as soon as possible if it is likely to take longer.We’ll ensure that your application is submitted on time before your existing leave to remain or leave to enter expires.
The Home Office’s current timescale for Processing your application:
- We cannot guarantee the Home Office’s processing time. However, the currently Home Office’s processing time is between 4 to 6 months in average.
Please note that the estimated hours and fees are based on the provided information. All applications vary, and we can provide a more accurate estimate once we have more details about your specific case.
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