Sponsor Licence Refusals
The approval or rejection of your sponsor licence application will be communicated to you by the Home Office through a letter. It is important to note that appealing against the denial of a sponsor licence application is not allowed. However, there are other potential remedies that can be pursued to challenge the refusal of a sponsor licence.
Challenging Sponsor Licence Refusals
It is possible to ask for the error to be corrected and, if necessary, to submit a fresh online sponsor licence application in case the rejection of your application was due to either a caseworker mistake or UKVI's failure to review the supporting evidence provided with your application.
If the refusal of your sponsor licence application was illegal, unreasonable, or procedurally incorrect, you have the option to seek judicial review of the decision.
Submitting a new Sponsor Licence Application also allows you to apply for a new sponsor licence.
You can reapply immediately if the Home Office rejected your sponsor licence application because you failed to submit the required documents or information by the deadline for reasons beyond your control or if the online application was submitted by a representative.
If you have previously been denied a sponsor licence for any of the reasons mentioned, you must wait at least 6 months before reapplying.
• Either fraudulent documents were submitted by you or you acted in bad faith.
• Inadequate procedures were put in place to meet the obligations of your sponsor.
• Your criminal record includes a relevant unspent conviction.
• It is illegal for you to act as a director of a company.
• There is no commercial presence for you in the United Kingdom.
• The requirements for sponsorship in the category you applied for were not met by you.
If you have received a Civil Penalty, you are not allowed to submit a new application for a period of 12 months starting from the date when the penalty was due. In specific cases, it might be required to wait for a duration of five years.
What else do I need to know about Sponsor Licence Refusals?
Requests for the correction of caseworker errors must be received by the Home Office within 14 calendar days from the date of refusal.
Supplementary evidence that was not available during the initial sponsor licence application will not be considered by the Home Office.
If you wish to initiate a judicial review claim, you must submit it within 3 months of the refusal decision. Prior to that, you are required to send a Pre-Action Protocol letter to the Home Office, informing them of your intentions and giving them the opportunity to review their decision.
If you choose to submit a new Sponsor Licence Application, it is crucial to address the reasons for the previous refusal in the application.
If you decide to reapply, it is likely that a UKVI compliance officer will conduct a visit to ensure that you have the necessary systems and procedures in place to fulfill your sponsorship obligations.