Refusal of a Tier 2 Sponsorship Licence Application
In the case of a rejection or refusal of a Tier 2 Sponsorship Licence, the future of a company that wishes to employ or continue employing migrant workers depends on whether the application is in fact rejected or refused by the Home Office. All employers must hold a Sponsorship Licence to employ skilled workers from outside the EEA for the positions that cannot be filled by a settled worker.
Rejection of a Tier 2 Sponsorship Licence
Where a Sponsor licence application has been submitted with incorrect or missing documents, the application will be invalid and as such will be rejected. There could be a number of reasons why an application for a Tier 2 Sponsorship License is rejected, such as:
- the level 1 user listed in the application is not an employee, partner or director of the company;
- when an original document has been certified and the Home Office cannot verify the certifier’s details; or
- where a renewal application is made, and the small licence fee is paid when the greater fee should have been paid
- failure to submit the relevant documentation as outlined in Appendix A. The Home Office has stipulated the documents to be provided with the application along with the format to be followed. Failure to adhere to this will lead to the application being rejected. In this case, the Home Office will usually refund the application and a new one can be submitted in due course.
Usually, the application fee is refundable. The applicant is able to correct the mistakes in the application and send a new one straight after.
Refusal of a Tier 2 Sponsorship Licence
If a Sponsorship Licence application is refused, the implications are greater and there is no right of appeal against the decision. There could be a number of reasons why an application for a Tier 2 Sponsorship License is refused:
- false documents have been submitted;
- the company has previously been subject to a sponsorship licence revocation ; or
- the Home Office has requested further documents in support of the application and the applicant has failed to send the documents within the given time limit;
- not addressing the genuineness requirement; a potential sponsor will also need to provide reasons as to why they require a Sponsorship Licence and why it is not possible to fill the vacancy with settled UK workers. The potential sponsor will need to submit genuine and compelling reasons. If a suitable candidate has been identified, sponsors will need to mention this in the application and confirm why this role cannot be given to a settled worker;
- not having suitable HR and record keeping systems in place. Prospective sponsors will need to demonstrate not only that they understand their duties but that they have the means to implement and adhere to them.
The application fee will not be refunded in these instances and a ‘cooling off’ period will be imposed. Essentially, this means the company is not allowed to make another application until the end of this period. The length of the cooling off period will differ depending on the issues raised by the Home Office. The minimum ‘cooling off’ period is six months after the Home Office refusal decision letter. A longer cooling off period of 12 months may be imposed in certain circumstances. This may happen if the company has received a civil penalty under section 15 of the Immigration, Asylum and Nationality Act 2006 previously.
How NA Law Solicitors can help
A Sponsorship Licence application can be a long and difficult process and can cause disruptions to a company’s business plans if refused. We are here to help you make a further application and give you the guidance you need. Please do not hesitate to contact us for a case assessment.
For more information on the Tier 2 Sponsorship Licence that was not mentioned on this page, please visit the related pages: Tier 2 Sponsorship Licence, Tier 2 COS, Tier 2 Sponsorship Licence renewal, genuineness requirement, Tier 2 audit and compliance Tier 2 Sponsorship Licence revocation.