WHAT HAPPENS IF A SPONSOR LICENCE APPLICATION IS REFUSED?

If you applied for a sponsor licence before 01 April 2016 and it is subsequently refused, there is no right of appeal against the refusal decision. In regards to Sponsor Licence applications made after 1 April 2016 which are refused, you are able to apply to correct a mistake with the application if you believe that it was refused because:

• The caseworker processing the application made an error
• The supporting documentation sent at the time of application, were not considered

If either of the above two reason apply, then you can send an, ‘Error Request Form’ which is available on the link below:https://www.gov.uk/government/publications/tiers-2-and-5-pre-licence-error-correction-form

The request must be sent within 14 calendar days from the date of the refusal decision and the Home Office have stated that they would aim to provide a response within 28 working days from receiving the error correction request form.

The Home Office had introduced a 6 month cooling off period for re-applying for a sponsor licence for application which were refused due to any of the reasons stated below:

• You did not meet the requirements to be a sponsor in the category under which you applied
• You submitted false documents
• You did not have the processes necessary to comply with your sponsor duties
• You have an unspent criminal conviction for a relevant offence
• You are legally prohibited from becoming a company director, unless this is due to being an un-discharged bankrupt – you should note that the authorising officer must not be an un-discharged bankrupt
• You have no trading presence in the UK

If any of the above reasons do apply, you are only able to make a new sponsor licence application when 6 months have passed from the date of the refusal decision.

However you may reapply at any time if the Home Office only refused your application because either:

• It was submitted by a representative
• You did not provide documents or information we requested by a specific deadline for reasons outside your control 

When you re-apply you must ensure that the reasons the Home Office refused you no longer apply. If the Home Office are not satisfied that you can fully meet your sponsorship obligations they are likely to refuse your application.