What to Do When Your Sponsor Licence Application is Refused

Getting your sponsor licence application refused can be one of the most frustrating experiences an employer can face. The minimum amount of paperwork and the length of time involved can be frustrating, and getting a refusal can be a huge set-back. To avoid setting yourself up for failure, it’s important to understand exactly what to do when your visa sponsor application has been refused by the Home Office or UKVI.

What is a Sponsor Licence?

In the UK, an employer who meets the criteria can apply for a sponsor licence, which allows them to employ migrants for roles in industries within the UK. The sponsor licence system is therefore required for employers in the UK who want to employ skilled migrants from outside the EU, including from the EU Settlement Scheme, as well as from outside the European Economic Area.

What to Do if Your Sponsor Licence Application is Refused

When you’ve gone through the stress of applying for a sponsor licence, the last thing you want to hear is that your application has been refused. To help employers avoid this situation, here are some steps to take when your sponsor licence application is refused.

Step One: Understand the Reason for Refusal

First, it’s important to understand exactly why your sponsor licence application was refused. Your Home Office or UKVI representative should provide a letter or email explaining why your application was refused, and it should detail any additional information you may need to provide.

Step Two: Appeal the Refusal

Once you understand why your sponsor licence application was refused, you have the right to appeal the decision. The process to appeal the decision can vary, but you should first contact the team who refused your application, and provide any additional evidence or information that may help in the appeal process.

Step Three: Resubmit the Application

If you successfully appeal the decision and your sponsor licence application is accepted, you can resubmit your application. Ensure you provide all the evidence and information asked for, and that it is accurate and up-to-date. Once your application is resubmitted, you should receive confirmation and, if successful, approval to employ migrants from outside the EU and from outside the EEA.

Step Four: Ensure You’re Familiar with Your Responsibilities as a Sponsor

If your application is successful, then you’re responsible for ensuring you’re familiar with what is expected of you as a sponsor, by both the Home Office and the UKVI, with regards to the role of the migrants you will employ. The Home Office has provided an employers’ guide to sponsorship compliance, which outlines the obligations and responsibilities of employers who hire migrants. It’s important to familiarise yourself with this document within three months of receiving your sponsor licence.

Step Five: Evaluate Your System of Record Keeping

As a sponsor licence holder, it’s a legal requirement to keep records of all employees, their absences, their salaries and all other relevant information. You must also keep records of any changes or updates to the employees’ personal or working conditions. It’s a good idea to evaluate your existing system of record keeping and make any changes or updates to ensure you are meeting all legal requirements in this area.

Step Six: Appoint a Key Contact With the Home Office or UKVI

You must appoint and register a designated key contractor with the Home Office or UKVI, to ensure the efficient running of your sponsor licence. This appointed contractor will be responsible for all communication with the Home Office or UKVI, and for ensuring the company meets all sponsor licence requirements.

Step Seven: Prioritise Training and Education

As a sponsor that hires migrants from outside the EU and EEA, there is an obligation to ensure that all employees are adequately trained for the role and position for which they have been hired. It is therefore important to prioritise education and training for new employees to ensure they have the relevant skills and knowledge to perform their role.

FAQs

• How do I apply for a sponsor licence? To apply for a sponsor licence, employers must first be approved by the Home Office or UKVI as a sponsor and register with the relevant sponsor management system. Once registered, employers can apply for a sponsor licence on the Home Office or UKVI website.
• What are the main responsibilities of a sponsor licence holder? The main responsibilities of a sponsor licence holder include providing evidence of the eligibility of workers from outside the EU and EEA, keeping records of employees’ absences, salaries and other relevant information, and appointing a designated key contact with the Home Office or UKVI.
• What happens if my sponsor licence application is refused? If your sponsor licence application is refused, you have the right to appeal the decision and you may be asked to provide additional evidence or information. If successful, you can reapply for a sponsor licence.

Conclusion

Getting your sponsor licence application refused can be a very stressful experience. It’s important to remember that you have the right to appeal the decision, and if successful, you can reapply for a sponsor licence. Before you apply, ensure you are familiar with the Home Office’s employer’s guide to sponsorship compliance, and make sure you have a system of record keeping in place. Ultimately, understanding what to do if your sponsor licence application is refused is key to successfully obtaining a sponsor licence.