Sponsor licence refusals and revocations require more than just submitting a few forms. They demand a deep understanding of Home Office compliance standards, a careful review of internal HR processes, and legal knowledge to assess whether a challenge is justified or whether a strategic reapplication is the better path.
At IMD Corporate, we assist employers by:
Conducting a Detailed Review of Refusal or Revocation Notices
When you receive a refusal or revocation notice, it’s essential to understand the specific grounds on which the decision was made. This will involve carefully reviewing the Home Office’s written communication to identify any errors, inconsistencies, or misinterpretations of your case.
- For refusals: We will break down the reasoning behind the refusal, pinpointing what was lacking in your application, whether it was documentation, HR practices, or non-compliance with immigration rules.
- For revocations: We will assess the reasons outlined in the revocation notice to see whether there was an unreasonable finding, procedural error, or misapplication of the rules during the Home Office compliance checks.
By thoroughly reviewing the Home Office’s reasoning, we can identify the most strategic course of action — whether that’s correcting the deficiencies and reapplying, or challenging the decision through Judicial Review.
Preparing Legally Sound Sponsor Licence Applications
If your licence application was refused or you are reapplying after revocation, we ensure your new application is comprehensive, error-free, and meets all Home Office requirements. This includes:
- Ensuring your HR systems are robust: We will assist you in setting up compliant record-keeping and reporting systems to track your workers’ immigration status and employment history, which is critical to meeting the Home Office’s sponsorship duties.
- Document preparation and submission: We will guide you on gathering the necessary documents, including proof of genuine need for the role(s) you are sponsoring, evidence of the skilled nature of the role, and financial evidence to support your business’s ability to meet salary requirements.
- Incorporating feedback from the refusal or revocation: Based on the Home Office’s concerns, we will address each issue directly, ensuring your new application meets all criteria and reduces the likelihood of further issues.
Through a well-prepared application, we increase your chances of success significantly and help restore your ability to sponsor foreign workers.
Auditing HR and Recruitment Systems to Identify Compliance Risks
A significant part of preparing a strong sponsor licence application is ensuring that your HR systems are in place and compliant with UK immigration law. We provide detailed audits of your internal HR practices to ensure they align with the Home Office’s sponsorship guidelines, including:
- Maintaining up-to-date employee records: We help you create systems to track your sponsored employees, ensuring that all necessary information (including job titles, work hours, and salaries) is documented and accessible.
- Implementing reporting mechanisms: Under UK immigration rules, you must report any changes in your sponsored workers’ circumstances, such as salary reductions, absence from work, or role changes. We help ensure that you can meet these reporting obligations without delay.
- Preventing future issues: Our audit will help you identify gaps in your current practices that could lead to future compliance issues, and we’ll advise on how to correct them, ensuring ongoing compliance and reducing the risk of future refusals or revocations.
Drafting Pre-Action Protocol (PAP) Letters and Advising on Judicial Review Proceedings
In cases where the refusal or revocation is unlawful, we can help you explore the Judicial Review process, which involves challenging a decision made by the Home Office in the High Court. Judicial review is an option when the Home Office has made an error in law, has been unreasonable, or has failed to follow correct procedures.
- Preparing the Pre-Action Protocol (PAP) letter: This letter is an essential first step in the judicial review process. It formally requests the Home Office to reconsider their decision before you proceed with legal action. We will ensure that the letter is legally sound, compelling, and addresses all points of contention.
- Timely action: Judicial reviews must be initiated within 3 months of the refusal or revocation decision, and we ensure that this timeline is met to protect your right to challenge.
- Handling court proceedings: If necessary, we will represent you in the High Court, working closely with barristers to put forward a strong case and explore all available legal avenues to resolve the issue.
If your licence is revoked, a judicial review can help you regain your sponsor status, or at least get a more reasonable decision from the Home Office.
Providing Tailored Training to HR Teams to Prevent Future Breaches
We offer training services to ensure that your internal HR teams are fully aware of their responsibilities as sponsors. This includes:
- Understanding compliance requirements: We’ll walk your team through the Home Office’s sponsorship duties, making sure they understand key responsibilities such as reporting employee changes and maintaining accurate records.
- Implementing internal checks: Our training will cover internal audits, risk assessments, and systems to track the immigration status of workers.
- Ongoing support: Beyond the application process, we can offer ongoing support to your team, answering questions and providing assistance as needed to maintain compliance with changing immigration regulations.
Liaising with the Home Office Where Appropriate
Sometimes, the reason for refusal or revocation can be the result of miscommunication, documentary errors, or factual discrepancies. We can liaise directly with the Home Office on your behalf to seek clarification and resolve issues that could delay the process.
This proactive approach often helps in cases where issues are minor or procedural and can be corrected through dialogue with the Home Office, thus avoiding the need for a fresh application or judicial review.