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.