Disclaimer: The information in this blog is accurate as of its publication date. Any updates after that date are not reflected here.
Tier 2 Sponsor Licence refusal can have damaging effects on business. If you require a person with a special set of skills to deliver a project or urgently need to recruit talent that is not available in the UK, a Sponsor Licence is a must. Failure to have an application approved may mean you cannot scale up your business.
The best way to ensure the success of your Sponsor Licence application is to instruct an immigration lawyer to assist you with putting your submission together, checking your HR systems are robust enough to meet the strict compliance obligations and doing mock audits so you are fully prepared for a Home Office visit.
Client says, “The team at A Y & J Solicitors provide myself and my company with outstanding service throughout my application process for a Tier 2 licence.
[perfectpullquote align=”left” bordertop=”false” cite=”” link=”” color=”” class=”” size=””]The team at A Y & J Solicitors provide myself and my company with outstanding service throughout my application process for a Tier 2 licence.[/perfectpullquote]The highly professional and personable service was truly first class.
I was delighted to get notification of my success in our application yesterday which is less than two months from my first meeting with A Y & J Solicitors.
A BIG thank you to all the wonderful team”!
If your Sponsor Licence application is refused by UK Visas and Immigration, you may be able to apply for a Pre-Licence Error Correction.
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What is the Pre-Licence Error Correction Procedure?
The Pre-Licence Error Correction Procedure allows sponsors to challenge the refusal of a Sponsor Licence application in situations where there has been a ‘case-working error’ or information contained in submitted documentation has not been properly considered by the person reviewing the application.
If your Tier 2 or 5 Sponsor Licence is refused, you can submit a Pre-Licence Error Correction application form by email within 14 days after receiving notification of your Sponsor Licence refusal. The person you nominated as the Authorising Officer must sign the form. UKVI aims to send a decision by email to the Authorising Officer within 28 working days of receipt of the form requesting the Pre-Licence Error Correction application. If successful in the process, a sponsor will be required to re-apply online, and, if the new application is successful (which is not guaranteed), your second fee payment will be refunded.
How is a ‘caseworking error’ defined?
There is no definition of what constitutes as a case working error. Only one example provided for in the Sponsor Guidance –“we have incorrectly applied the six-month cooling off period and you send us evidence to support this fact”.
It is likely that such decision-making errors will be challenge through Pre-Licence Error Correction Procedure. These include:
- where the original decision maker did not consider all the evidence that was submitted correctly
- where the original decision maker’s decision to decline an application on the basis that the supporting documents were not authentic was incorrect
- where the original decision maker has incorrectly refused an application on the basis that it was made more than 28 days after the leave expired
- where the original decision maker failed to apply the Sponsor Guidance stipulations in relation to the application
The best way to establish whether your Sponsor Licence refusal is eligible for Pre-Licence Error Correction is to speak to an immigration lawyer who can provide you with the best advice.
An Easy Guide to Tier 2 SPONSOR LICENCE Application
In conclusion
Acquiring and maintaining a Tier 2 or Tier 5 Sponsor Licence undoubtedly comes with a time and financial burden for any business wishing to recruit talent from outside of the EEA. However, this can be managed by getting the right professional support from the beginning of the application process.
Client says, “We used A Y & J Solicitors to assist us with a complicated issue with our Tier 2 licence. We are extremely grateful to Yash, Sok Wei, Wayne and the team for their dedicated service.
[perfectpullquote align=”left” bordertop=”false” cite=”” link=”” color=”” class=”” size=””]We used A Y & J Solicitors to assist us with a complicated issue with our Tier 2 licence. We are extremely grateful to Yash, Sok Wei, Wayne and the team for their dedicated service.[/perfectpullquote]
We could not have got through this issue without them. A Y & J Solicitors demonstrated exceptional knowledge of the immigration law and excellent understanding of the Tier 2 complexities.
We received amazing service, and their assistance in this matter was greatly appreciated.”
A Sponsor Licence application refusal can be a major blow and, if not dealt with swiftly, can lead to revenue loss. For example, if you own a restaurant which specialises in producing authentic dishes from a particular country, being denied the ability to recruit a chef from the home nation of the cuisine can lead to huge pressure on kitchen staff and an inability to meet customer demands.
By engaging the ongoing support of A Y & J Solicitors, you can be assured your initial application for a Sponsor Licence will be prepared with high standard, and your business will remain compliant each year. If you are refused because of a case-working error, we will work fast to have an application for a Pre-Licence Error Correction submitted.
However, after your licence is granted, our work continues. We can help you with all relevant HR processes and systems continue to remain compliant by holding mock audits, which replicate the checks that the Home Office compliance officer will complete a visit. In addition, we can take the administrative burden from your organisation by taking on the Level 1 role, and ensuring your SMS is always up to date.
Client says, “A great help with a sponsor licence compliance audit. Really straightforward, very well served, quick, skillful and with a lot of knowledge”.
A Y & J Solicitors are specialists in immigration law based in central London. If you would like to have more information, please contact us at contact@ayjsolicitors.com or call +44 20 7404 7933.
Disclaimer: No material/information provided on this website should be construed as legal advice. Readers should seek an appropriate professional advice for their immigration matters.
