Sponsorship Licence Rejection

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Why was my sponsor licence application rejected? 

There could be a number of reasons for a sponsor licence application rejection, such as;

  • 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 and failure to adhere will lead to the application being rejected. In this case, the Home Office will usually refund the application and a new application can be submitted soon.
  • Not addressing the genuineness requirement; a potential sponsor will also need to provide reasons as to why they require a sponsor 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.
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What can I do if my sponsor licence application is rejected?

Application fees are non-refundable in the last two more substantial grounds. In these instances, a sponsor can be barred from reapplying for six months. Thus, it is more beneficial to spend more time at the initial application stage to ensure that all the necessary information have been provided and get the application right on the first time.

Why use NA Law Solicitors to challenge a sponsor licence application rejection? 

We are a niche immigration law firm based in Brentford, West London regulated by the SRA, specialising in this area of law. Our team of immigration solicitors can advise on the supporting documents to provide in support of the sponsor licence application, on the genuine vacancy requirement and your obligations as a sponsor. We will work with you to ensure that you implement effective HR policies to enable full compliance with your obligations as a sponsor. Please get in touch for a case assessment.

Frequently asked questions (FAQs)

You need a sponsorship licence if you plan on hiring employees from outside the EEA.

To meet the requirements, you must:

  • be a genuine business or sole-trader which is legally operating in the UK.
  • be able to demonstrate a genuine need for migrant workers.
  • have no unspent criminal convictions for immigration offences, money laundering, or fraud.
  • not pose any kind of threat to the UK via your company or any of its personnel.
  • not have a history of failing to carry out sponsorship duties.
  • have organised HR systems and records.

The Home Office fee depends on the type of business you have. For small businesses and charities the Tier 2 sponsorship fee is £536. For medium and large businesses the Tier 2 sponsorship fee is £1476. You are a small business if you have an annual turnover of £10.2 million and less than 50 employees.

Some of the most common reasons for Tier 2 sponsor visa rejection are:

  • Non-compliance with the Home Office security standards
  • Failing the genuineness test
  • Failing to retain documentation on sponsored migrant workers

The Home Office will award you with a license rating. Your business will be placed on the UK Sponsorship Licence register. You will be able to issue Certificates of Sponsorship. Your license will be valid for 4 years.

Applying for a Tier 2 Sponsorship Licence is a lengthy and complex process. NA Law Solicitors can assist with your business immigration needs by managing the entire Tier 2 Sponsorship Licence application process. We can help you adhere to your duties as a Tier 2 sponsor and steer you towards a successful outcome. Subsequently, NA Law can assist with the following:

  • Tier 2 Sponsorship Licence applications
  • Audit existing HR and record keeping systems
  • Acting as a key contact and/or level 1 user for your Tier 2 Sponsorship Licence
  • Advising on Right to Work checks as set out by the Home Office guidance
  • Applying for a restricted or unrestricted CoS and assigning it to the relevant workers
  • Advising on how to deal with closure notices and civil penalty notices
  • Assisting multi-nationals to bring their overseas staff to the UK via the Tier 2 Intra-company Transfer visa route
  • Advising on Brexit-related issues faced by EEA national workers
  • Advising on all other corporate immigration matters

During the sponsor licence application, the Home Office may come to conduct a compliance visit at the company premises. Our specialist team at NA Law Solicitors can conduct a mock audit for you. This will decrease the chance of an unsuccessful sponsor licence. Contact us for further information, advice or guidance.

Most applications are dealt with within 4 weeks. UKVI will contact the applicant once a decision is made.

Prior to making a decision on a Student sponsorship licence application or as a means to ensure a sponsor is adhering to its Student sponsor duties, UKVI may make an unannounced visit to inspect the sponsor’s HR policies and confirm they have sufficient measures in place to fulfil their obligations.

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