Reapplying for a Sponsor Licence after it was rejected as invalid or refused

Applying for a sponsor licence is a critical step for UK employers who wish to hire foreign workers. However, having your sponsor licence application rejected as invalid or refused can be both frustrating and disruptive to your business plans. Understanding why this has happened and what steps to take next is essential.

This blog explores the difference between a rejection and a refusal, common reasons for an unsuccessful application, and the options available to move forward.

Rejection vs. refusal: what is the difference?

1. Rejection:
   • Your application is returned to you because it is incomplete or contains errors.
   • No decision has been made on the substance of the application.
   • The rejection letter outlines the issues that need to be corrected before resubmitting.
2. Refusal:
   • Your application has been assessed and denied due to failing to meet the requirements of the sponsor licence system.
   • A refusal can have more serious consequences, such as a cooling-off period before reapplying.

Common reasons for rejection or refusal

1. Incorrect determination of company size: failure to pay the correct application fee. For example, paying the small company fee of £536, when the company should be classified as large.
2. Insufficient supporting evidence: failure to provide the required documentation to demonstrate your business is genuine and eligible for a licence.
3. Compliance issues: inability to demonstrate that the company has adequate systems to monitor sponsored employees or prevent illegal working.
4. Key personnel: absence of the appropriate persons to manage the sponsor licence. For example, if the company does not have at least one Level 1 User who is an employee, partner or director.
5. Financial viability: inability to prove that your business is financially sound.
6. Previous non-compliance: a history of failing to meet immigration or employment obligations.
7. Errors in the application: missing information or inaccuracies in the submitted forms.

Steps to take after a rejection

If your application is rejected as invalid:

1. Review the rejection letter: understand why your application was rejected.
2. Correct the errors: address the highlighted issues, such as missing documents or incorrect information.
3. Resubmit the application: ensure that your resubmitted application is complete and accurate.

Steps to take after a refusal

If your application is refused, the process is more complex:

1. Understand the refusal letter: carefully review the reasons for refusal to identify where your application fell short.
2. Cooling-off period: if applicable, check whether a cooling-off period applies and how long you need to wait before reapplying.
3. Seek legal advice: consult an immigration lawyer to assess your options and prepare a stronger case for reapplication.

There is no right of appeal against the refusal of a licence application. However, if you believe the refusal resulted from a caseworker’s error or the omission of a supporting document, you can submit an “Error Correction Request Form” to the Home Office within 14 calendar days of the refusal date. The Home Office should respond to your request within 28 working days.

Preventing future issues

To improve your chances of success in future applications:

• Conduct a compliance audit: review your HR systems to ensure they meet the requirements for record-keeping and reporting.
• Provide accurate information: double-check your application and supporting documents for accuracy.
• Demonstrate a genuine need: clearly show why you need a sponsor licence, and how your business meets eligibility requirements.
• Seek professional help: engage an immigration lawyer or advisor to guide you through the application process.

Conclusion

A sponsor licence is crucial for businesses that rely on international talent. If your application has been rejected outright as invalid or refused due to a more serious issue, it is important to act quickly and strategically to avoid prolonged delays.
At Gherson Solicitors LLP, our immigration experts have extensive experience in handling sponsor licence applications, rejections and refusals. We can help you identify the root cause of the issue and work with you to prepare a successful application.

Updated: 17 December 2024

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Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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