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UK SPONSOR LICENSE APPLICATION REFUSAL
If your application for a UK sponsor license gets rejected, navigating the aftermath can be quite challenging. Errors in handling the refusal can exacerbate the situation, potentially leading to severe consequences for your company’s hiring operations. Additionally, there’s the risk of losing the entry fee paid for the application.
Sponsor Licence Application Appeal
If the Home Office decides not to grant you a sponsor license, your application may be refused or rejected. Typically, rejections occur due to false information provided in the applications. These rejections often stem from minor issues that individuals can rectify, such as misplaced documents or incorrect payment of the entry fee. The cost of applying for a sponsor license varies depending on the size of your business. Currently, the fee for a small sponsor license is £536, which may be applicable to charities or small businesses. For larger entities, regardless of size, the fee for a permit is £1476. In the event of a rejected application, the fee is usually refunded, allowing the candidate to reapply.
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Sponsor Licence Refusal Reasons
Absolutely! Sponsor license refusals typically stem from significant or fundamental issues within the application, resulting in the denial of sponsor rights. In such cases, applicants forfeit the licensing fee and must wait for a period of 6–12 months before reapplying.
When faced with a denied support license application, individuals are presented with various options based on the reasons provided by the Home Office for the rejection. Common reasons for licensing rejections include:
For Failing to Provide the Right Paperwork
Failure to provide the correct paperwork can significantly impact your sponsor license application. Specifically, you need to support your claim with four Appendix A documents, excluding those from UK government-recognized bodies or LSE Main Market traded businesses. Additionally, you may be required to furnish more information, especially regarding your company details, reasons for coming to the UK, and the specific job positions you aim to fill with skilled workers.
When submitting your application online, ensure that the filing sheet is signed and stamped by your authorizing officer, and include the relevant documents mentioned in Appendix A. If you encounter any issues with online submission, reaching out to UKVI for assistance is crucial. UKVI reserves the right to request original documents or certified copies, and any copies submitted must meet strict certification criteria. Failure to provide verifiable details or copies that adhere to the requirements may result in the rejection of your application.
It’s important to note that UKVI will reject incomplete or incorrect support license applications that lack the necessary documents or fail to meet the minimum requirements. Therefore, thorough attention to documentation is essential to avoid such consequences.
Delays in Supporting Documentation
Timely submission of supporting documentation is crucial for your application process. Alongside your initial application, you must provide various supporting documents, such as evidence demonstrating the legitimacy of your business or organization’s operations in the UK. These documents must be submitted within five business days of your initial application submission. Failure to meet this deadline may result in your application being rejected.
If the Home Office requests additional documents and you fail to provide them within the specified time frame, your application may be rejected. Therefore, it’s imperative to ensure prompt submission of all required documentation to avoid any delays or potential refusal of your application.
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Missupported Documents
Compliance with the rules outlined in Appendix A is paramount when applying for a sponsor license, and one of the challenging aspects is ensuring that you meet these standards. A common error people make when seeking a sponsor license is failing to provide the correct paperwork.
When submitting hard copies with your application, it’s important that they are either originals or verified copies, unless special COVID-19 rules allow for email submissions.
In some cases, UKVI may also be able to verify your paperwork online. If so, you’ll need to include the website address in your cover letter.
Failure to obtain or provide the necessary paperwork could significantly delay or even result in the rejection of your sponsorship application. Therefore, meticulous attention to detail in this regard is essential to ensure a smooth application process.
Genuineness Faliure
If your application is rejected due to failing the genuineness test, navigating the situation can be a bit complex.
If the Home Office determines that you made genuine efforts but couldn’t meet the genuineness test, you’ll need to build a compelling case explaining why the specific foreign worker is essential for the role. In such cases, there’s no cooling-off period, and you can proceed to make a new application immediately.
However, if the Home Office believes that your organization acted dishonestly, such as by submitting a document they deem to be fake or misrepresenting a role as meeting the required skill level when it doesn’t, they may impose a cooling-off period. During this time, the organization may be prohibited from submitting another application for up to 5 years.
If you disagree with the Home Office’s assessment of the facts, you have the option to challenge the decision by submitting an application for reconsideration. This application should include reasons and evidence supporting your assertion that the Home Office’s decision was incorrect.
Documents that Provide False Support:
Submitting fake or false documents with your application may result in the Home Office refusing to accept it. As a consequence, your company might face a waiting period before being able to reapply for registration.
Inappropriate Key Individuals:
During the license application process, background checks are conducted on the key individuals designated to handle your sponsorship responsibilities. These individuals must meet specific suitability requirements. Past immigration violations or relevant criminal convictions of key employees or business owners could lead to the refusal of the license by UKVI.
Failure of a Compliance Visit:
Before granting a license, UKVI conducts site visits to ensure that your HR systems and hiring practices meet their standards. If key employees are found to be unreliable or unable to fulfill sponsor roles during these visits, the application might be rejected.
Previous Problems with Immigration:
A new application may be rejected by the Home Office if the applicant had a previous sponsor license that was later revoked by authorities. Seeking guidance on reapplying after legal action is advisable, as it requires careful planning regarding compliance and licensing procedures. Moreover, individuals with prior fines for employing illegal workers may face an extended reconsideration period.
UK Sponsor License Rejection:
Certain conditions must be met before applying for a sponsor license, including legal, suitability, and eligibility criteria. Compliance with the specified standards, such as submitting correct supporting documents and paying the appropriate fees, is essential for a valid application. Suitability and eligibility are assessed based on HR systems, criminal backgrounds, and compliance with route-specific requirements.
Correcting Mistakes for Reapplication: Receiving a rejection for a sponsor license application due to disqualification from sponsoring workers through the chosen route can be impactful. Understanding the reasons for rejection is crucial for rectifying mistakes in subsequent applications or preventing them altogether. This ensures a smoother reapplication process and avoids recurring errors.
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Various Reasons Cause UK Sponsor Licence Application Refusal
The refusal of a sponsor license application can stem from various reasons, many of which involve non-compliance with legal requirements. These reasons include failure to pay the correct application fee, neglecting to submit the entry sheet to UKVI within the specified deadline, or providing incorrect supporting documents. Additionally, oversight in verifying whether the Level 1 user listed in the sponsor license application is an employee, partner, or director of the company could also result in refusal.
Paying the Correct Application Fee:
The fee for a support license application varies depending on the type of license you require—either “worker” or “temporary worker.” Employers seeking to hire foreign workers for long-term positions in the UK typically opt for a “worker” license, while the “temporary worker” license is suitable for shorter-term sponsorships. The fee structure is as follows:
- Applying for a “Temporary Worker” license incurs a fee of £536.
- For the “worker” route, small or charity sponsors pay £536, while medium or large sponsors pay £1,476.
- Adding a “worker” license to an existing “temporary worker” license is free for small or nonprofit sponsors, but medium or large sponsors incur a fee of £940.
It is essential for applicants to ensure they pay the correct fee for their specific license type.
Submission Sheet Requirement:
Upon completing the online application and payment, it is necessary to print and complete a submission sheet. This document should include your company’s details, the enclosed main papers, and information about the paid fee. Each page of the application sheet must be signed and dated by the authorized officer. Additionally, a statement confirming agreement with the obligations of being a licensed sponsor must be signed and dated. This submission sheet, along with other required paperwork, must be sent to UKVI’s Sponsor Licensing Unit within five working days. Failure to include the submission sheet within this timeframe may result in a warning or rejection of the application.
Choosing the Correct Level 1 User:
During the sponsor license application, specific tasks must be assigned to members of your staff, including an authorizing officer, a key contact, and a Level 1 user. The Level 1 user is crucial as they will have access to the Sponsor Management System (SMS), which is used to manage sponsorship activities. UKVI requires at least one Level 1 user who is an employee, partner, or director of the company. Failure to designate an appropriate Level 1 user may result in the rejection of the application.
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Failure to Choose the Right Level 1 User
When applying for a sponsor licence, you’ll need to assign specific tasks to members of your staff through the online form. Some or all of these staff members will have access to the Sponsor Management System (SMS). The SMS is the UKVI’s online platform for managing your daily tasks, sponsorship activities, and responsibilities as a company supporting foreign workers.
The people you need to name as part of your licence application are your “key personnel.” They are an authorising officer, a key contact, and a Level 1 user. After obtaining a license, you have the ability to designate additional Level 1 and Level 2 users. The authorising officer and key contact could be identical, yet they must either serve as paid staff or be someone you’ve hired as an office-holder. A Level 1 or Level 2 user, on the other hand, can work for a third-party company that you have hired to do some or all of your human resources work. UKVI will not accept your application, though, if your company does not have at least one Level 1 user who is an employee, partner, or director.
Appealing a rejected sponsor license application can be challenging, as there is no option for administrative review through UKVI. However, there are alternative avenues to contest the decision.
Options After a UKVI Sponsor License Rejection:
- Error Correction Request: You can challenge the rejection of your license application by submitting an error correction request if you believe a mistake was made by the supervisor or if crucial supporting documents were overlooked. This request must be made within 14 days of the decision date, and typically, applicants receive a response within 28 days.
- Judicial Review: If you believe that the rejection of your support license application was unlawful, unfair, or contrary to the rules, you can seek a review of the decision by a judge. However, it’s important to note that in a judicial review, the court examines the decision-making process rather than the decision itself. This means you must demonstrate that the decision was one that no reasonable person could have made.
Exploring Routes to Contest a Sponsor License Denial:
It’s crucial to consult with an expert to determine the viability of pursuing a court review due to the complexity of the process. Acting promptly is essential, as applications for court review must be submitted within 3 months of the decision to refuse.
Given the complexity and potential challenges involved, seeking professional guidance and acting swiftly are advisable steps in contesting a sponsor license denial.