If your sponsor licence application is refused, the Home Office will tell you in writing and explain the reasons for the refusal. Unfortunately, there is no right of appeal against the refusal of a sponsor licence application. If your application is refused, your organisation cannot sponsor workers unless until it successfully obtains one. However, as we explain in this article, depending on your circumstances, you may still have a few options available to you, including:
- Submitting a new sponsor licence application
- Requesting an ‘Error Correction Request’ if you think the refusal is because of an error made by the Home Office, or
- Applying for a Judicial Review if you believe the decision was unlawful
Submit a new sponsor licence application
If your sponsor licence application is refused, whether you can submit a new application immediately or must wait for a cooling-off period depends on the reason for the refusal. In most cases, a refused application results in a 6-month cooling-off period, although longer or shorter waiting periods may apply in certain situations. However, there are limited exceptions in which you can reapply immediately, for example, if you were unable to provide the requested documents or information for reasons outside your control.
When can you submit another sponsor licence application immediately after refusal
You may reapply your sponsor licence immediately if:
- Your application was submitted by a representative, rather than directly by your organisation or
- You were unable to provide requested documents or information by the specified deadline for reasons outside your control or
- You applied on the Scale-up route and were refused only because you were not a qualifying Scale-up sponsor
It is important to distinguish a refused application from an invalid one. If your previous application was rejected as invalid, for example because mandatory information or documents were missing or incorrect, rather than refused, you can submit a new application once you have corrected the problem, without waiting for a cooling-off period.
When does a cooling-off period apply after sponsor licence refusal
A cooling-off period will normally apply where your application was refused because you did not meet the eligibility or suitability requirements for a sponsor licence. In most cases, this cooling-off period is 6 months from the date of refusal, although it can be longer in certain circumstances, for example where the refusal relates to more serious suitability concerns.
If you submit a new sponsor licence application during the cooling-off period, the Home Office is unlikely to grant the application, even if you have addressed the issues that led to the previous refusal. You will normally need to wait until the applicable cooling-off period has passed before reapplying, to give your new application the best chance of success.
Submit an Error Correction Request
If you think that your sponsor licence refusal is because of an error made by the Home Office, or because the Home Office failed to consider evidence that was submitted with your original application, you can submit what is called an ‘Error Correction Request’. If the Home Office accepts that there was a simple error, they may invite your organisation to submit a new sponsor licence application, and will refund the application fee after the new application is received. However, it is important to note that this does not guarantee that the licence will ultimately be granted.
There are some important limits on the Error Correction Request process to be aware of:
- The request must be submitted within 14 calendar days of the refusal, and
- The Home Office will not consider new evidence that was not submitted with the original application
Because of the short time limit, you will need to act quickly if you believe your refusal resulted from a Home Office error, and gather all relevant supporting information from your original application without delay.
Judicial review
As there is no right of appeal against the refusal of a sponsor licence application, some organisations apply for a Judicial Review instead. A Judicial Review can be appropriate where you believe the Home Office’s decision was unlawful, for example because it was unfair or the sponsor guidance or Immigration Rules were not followed correctly.
Judicial Review is not about asking the court to reconsider the merits of your application. Instead, the court examines whether the decision-making process itself was lawful. Judicial review is not always the best route for sponsor licence refusals as it is a complex, costly, and time-limited legal process. Furthermore, they only succeed where there is a genuine public law error in how the decision was reached, rather than simple disagreement with the outcome. For most refused sponsors, submitting a new application or, where appropriate, an Error Correction Request is a more practical way forward.
Reference:
GOV.UK: Workers and Temporary Workers – guidance for sponsors part 1: apply for a licence
