There are many reasons why the UKVI may decide to refuse a new sponsor licence application, or to suspend or revoke an existing licence. From poor record keeping to unlawful salary variations, Lexus Law are experienced in identifying issues with sponsor applications and licence compliance. Our competent lawyers will assess any decision letter from UKVI and will advise on the best next steps for your situation.
what do you need to know about licence refusals, suspensions & revocations?
- Refusals: Sponsor licence refusals cannot be appealed, and in most cases you will need to wait 6-12 months before you can reapply. However, if your application is refused due to a Home Office caseworker error, or if you missed a deadline for reasons beyond your control, you may be able to reapply immediately. Get in touch to find out which of these scenarios best applies to your situation and how to proceed accordingly.
- Suspensions: If you’ve been told your licence is suspended, you need to act quickly. UKVI can suspend licences for such duty breaches as underqualified authorising officers or unlawful salary discrepancies. While your licence is suspended, you cannot sponsor any new employees, but existing sponsored workers will be unaffected. In most cases, UKVI requires a response within 20 working days. If you’ve received a suspension notification, get in touch with us as quickly as possible so we can advise on how to get your licence reinstated.
- Revocations: If the Home Office finds you in serious breach of your sponsor duties, your licence will be revoked. You cannot apply for another licence, meaning you cannot sponsor any workers, until the end of the predefined cooling off period. Any existing sponsored migrants will be given 60 days to find alternative sponsorship, apply for a different visa, or leave the UK. You cannot appeal a revocation decision. You may be able to apply for a judicial review if you wish to challenge how the decision has been made, but this can be an expensive and risky process. If you are considering a judicial review, contact us so our immigration lawyers can help you decide if this is an appropriate course of action for you and your business.
Speak to our team
If you’ve received notification from the Home Office of a sponsor licence refusal, suspension, or revocation, contact us today to find out how our professional immigration lawyers can help.
Frequently Asked Questions
Why has my sponsor licence been refused/suspended/revoked?
If the Home Office has concerns about your ability to meet your legal duties as a sponsor, they may decide to refuse your application, or suspend/revoke your existing licence. Issues that may lead to licence refusal, suspension or revocation include:
- Poor record keeping
- Failure to notify UKVI of changes in circumstances
- Unlawful salary variations
- Assigning underqualified staff as licence authorising officers
- Employing a migrant in a job that does not meet the skill level requirements
How long to I have to respond to the Home Office about a licence refusal or suspension?
If you want to request for caseworker errors to be corrected following a licence refusal, you will need to send this to the Home Office within 14 calendar days from the date of the refusal. If your licence has been suspended, you will need to respond in writing within 20 working days of receiving the notification. If you decide to apply for a judicial review to challenge a refusal or revocation decision, you must ensure the Upper Tribunal have received your application within three months of the decision date.
When can I reapply?
If your licence application was refused because you missed a deadline for submitting information or documentation, for reasons beyond your control, you may be able to reapply immediately. In most cases, you may have to wait a six-month cooling off period before applying again. If your licence has been revoked, you will likely be prohibited from reapplying for a defined period which is usually 12 months from the date your licence is revoked. It’s important to note that your new application will need to address why your previous licence was revoked.
Our Process
01.
Contact us to book your complimentary consultation.
If you need trustworthy legal advice regarding immigration in the UK, we would be pleased to help. Fill in our contact form with a brief overview of your situation and we will be in touch as soon as possible to schedule a free consultation with our immigration law experts.
02.
Let us review your circumstances and provide a quotation.
During your free consultation, we will provide guidance on how we can support you with your immigration needs. Once we have assessed your current situation and objectives, we will advise on the best course of action and will supply a quotation for our recommended services.
03.
Leave the complex legal matters to our dedicated immigration lawyers.
Once you have approved the quote, we will supply you with our full terms of business. After the terms have been agreed to, we will work closely with you (or on your behalf where appropriate) to achieve your immediate and long-term UK immigration goals.
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Who we’ve helped
A glass manufacturer
Following a compliance visit, doubts were raised about the role being carried out by a sponsored worker. Following interviews with the worker and the sponsor, it was alleged that the worker was not carrying out the duties listed on the Certificate of Sponsorship, and that there were discrepancies in the responses to the interview. The…
Who we’ve helped
A subsidiary of a Japanese company that focuses on the sale of musical instruments in the UK
The client previously had a sponsor licence and had sponsored an employee to come over from Japan. Due to changes within the organisation, the licence had lapsed (unbeknown to the company). As a result, when they applied to renew the licence they were refused as the company had failed to meet its sponsorship duties. We…
