Tier 2 or 5 Sponsor Licence Refused? Pre – Licence Error Correction Helps.
Pre-Licence Error Correction Procedure provides a cost-effective way for organisations who have had their Skilled Worker (previously known as Tier 2 or 5) Sponsor Licence application refused to have their application reconsidered because they believe an error has been made by the caseworker reviewing it.
Our expert lawyers have an in-depth understanding of the Pre-Licence Error Correction Procedure. We can assist you following the correct procedure and ensuring UK Visas and Immigration (UKVI) know exactly why the reconsideration is being requested so they can focus on correcting the relevant issue. We understand that those applying for a Skilled Worker (previously known as Tier 2 or 5) Sponsor Licence require fast, accurate advice. Our team can put together an application for a Pre-Licence Error Correction quickly, allowing you to focus on other parts of your business.
At A Y & J Solicitors, we will take the time to carefully examine why your Sponsor Licence was refused and advise you on the best course of action to take. You can be confident that as an SRA regulated firm, we will act with the utmost integrity and direct you to the cost-effective path discussing merit of the immigration matter. If there are elements of your HR policies and procedures which need attention, we will quickly let you know so you can amend them.
What is the Pre-Licence Error Correction Procedure After Tier 2 or 5 Sponsor Licence Refusal?
The Pre-Licence Error Correction Procedure is a process by which sponsors can challenge the refusal of a Skilled Worker (previously known as Tier 2 or 5) Sponsor Licence application where there has been a ‘simple case-working error’ or information contained in submitted documentation has not been properly considered.
Our team understand how busy employers and HR directors are. Therefore, we work swiftly and diligently to help you achieve and then after maintaining your Sponsor Licence. We will provide you with all the information you need to fully understand the Pre-Licence Error Correction Procedure process. You will also receive the email and direct dial of the lawyer handling your matter so that you can ask questions related to your review at any time during office hours.
How Do I Apply for a Pre-Licence Error Correction if Tier 2 or 5 Sponsor Licence Refused?
If your Skilled Worker (previously known as Tier 2 or 5) Sponsor Licence is refused, you must submit an Error Correction application form by email within 14 days of the date of the refusal letter. The authorising officer must sign the form. The Home Office aims to send a decision by email to the authorising officer within 28 working days of receipt of the form. If successful in the process, a sponsor will be required to re-apply online, and, if the new application is successful, your second fee payment will be refunded.
How is a ‘Case Working Error’ Defined?
There is no definition of what constitutes a case working error. However, decision-making errors are likely to apply to the Pre-Licence Error Correction Procedure. These include:
- where the original decision maker failed to consider all the evidence/information 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 failed to apply the Sponsor Guidance policies in relation to the application
What Are the Advantages of a Pre-Licence Error Correction Procedure if Tier 2 or 5 Sponsor Licence Is Refused?
Pre-Licence Error Correction Procedures provide a fast, cost-effective way of having a Home Office refusal re-examined. The key to ensuring a Pre-Licence Error Correction Procedure is successful is to precisely pinpoint the error/s made by the original decision maker and clearly explain this out in your application.
Why Use A Y & J Solicitors to Manage Your Pre-Licence Error Correction Procedure if Tier 2 Or 5 Sponsor Licence Is Refused?
At A Y & J Solicitors, we have over ten years’ experience in assisting Sponsor Licences applicants in making SUCCESSFUL Pre-Licence Error Correction Procedure applications, sometimes in urgent circumstances. We understand the process and have a strong reputation for achieving successful results that allows employers recruiting the talent they need to meet customer demands and grow their venture.
If your Sponsor Licence is refused for certain reasons, you will not be able to reapply for six months. This is known as a ‘cooling-off’ period. Reasons for the Home Office applying a cooling off period include:
- Your organisation did not meet the requirements for the category you applied in
- The HR systems were found to be inadequate to meet compliance obligations
- You submitted false documents
Any additional evidence that was not available at the time of your company’s initial application will not be considered in a Pre-Licence Error Correction Procedure.
Unfortunately, Sponsor Licence applications refusal attract no right of appeal. However, we can advise you on making an application for Judicial Review if merits.
If you are a Sponsor Licence holder, you must comply with extensive Home Office duties and responsibilities. Our lawyers can assist you to understand the Sponsor Guidance, ensuring your HR systems are in order, and conducting regular mock audits. This will help you to be prepared if you are paid an announced or unannounced visit by the Home Office.
In the event a sponsor licence application is refused there is no right of appeal against the decision. If a sponsor licence is refused due to a Home Office caseworker error, you can then make a request to correct the error, although this does not amount to a full reconsideration of a decision.
Yes, an application for a new sponsor licence application can be made subject to any cooling off period following the refusal of the initial sponsor licence application. The length of the cooling off period will depend on the reasons for the refusal. Most companies will not be able to resubmit a sponsor licence application until six months after the date of the Home Office refusal decision letter has passed. A longer cooling off period of 12 months may be imposed if the company has previously received a civil penalty.
The implications of a refusal of a sponsor licence application are significant, and ensuring the submission of your sponsor licence application is complete and accurate reduces the reasons for refusal.
A Y & J Solicitors’ Review
We at GNL has pleasure and privilege of having Yash Dubal , Senior Immigration Lawyer of A Y & J Solicitors at our office to discuss Sponsorship duties and have an open forums on multiple of questions we had on UKVI regulations on sponsoring and employing skilled migrant workers. We learnt great deal of critical aspects of Sponsorship responsibilities. We were able to clarify a long list of doubts/questions we had on regulations and sponsorship duties. Yash is very professional and he attended to every question we had regarding UKVI regulation with great detail and care. His attention to detail, focus, in-depth understanding of regulations and implications are without any parallels available in this industry. We feel privileged to have spent the day with him at our office and are looking forward to have future engagement with him. We recommend A Y & J Solicitors service to anyone who wish to sponsor skilled migrant workers in the UK.
A Y & J Solicitors has helped us great deal recently for us to retain our ‘A’ rating Tier 2 sponsor licence. They made all easy for us and we passed our audit with the Home office with flying colours. Being an IT company with Tier 2 Sponsor licence, we were blown away by the complex processes and policies to be implemented to be 100% compliant with the latest Home office’s requirement of Tier 2 sponsorship. It is hard to figure out as to what was enough and correct. It was very stressful to monitor Tier 2 migrants & specially the arrangement of the sponsored workers working at client site on ‘client contract’. A word of warning to other likewise companies, please do not take it easy. There is a lot for the Tier 2 compliance which you do not know that you really “do not know”. So in this case you need a specialist to make you understand first what you “do not know” then help you to fix that. If you are a company with a Tier 2 sponsor licence and want complete peace of mind maintaining your Tier 2 licence and retaining your NON-EU skilled staff then A Y & J Solicitors is the company to go to. They simply do not work as a consultant for me but they literally owned my problem. I cannot ask more than this. Thank you so much and my best wishes to A Y & J Solicitors. I have referred few of my acquaintances to A Y & J Solicitors for their ‘Tier 2 compliance audit’. We at NanoIT Solutions highly recommend A Y & J Solicitors, working with the team has been fantastic experience.
Success Story on Sponsor Licence Refusal
Tier 2 Sponsor Licence Granted after being refused twice – IT Industry
Company G is a start-up IT company providing IT consulting services including software development, business analysis, and project management. Company G has been successful in securing businesses from corporate clients ranging from small to large in the past few years. It is a steadily growing company. IT Start-Up Needs Skilled Migrant Workers and Sponsor Licence…
Our Tier 2 Sponsor Licence application was successful in just 3 weeks. We received extremely professional and helpful service throughout our engagement. A Y & J Solicitors advised us correctly, and at the end, we achieved a great positive result. Many thanks again Yash/Sok Wei and Team for all your support. I would recommend A Y & J Solicitors very highly !!!