SPONSOR LICENCE REFUSALS FOR SWISS BUSINESSES IN THE UK

When the Home Office reviews your sponsor licence application, they will inform you if your application has been approved or refused. There is no right of appeal against a refusal. However, there are other ways to challenge a sponsor licence refusal.

Challenging Sponsor Licence Refusals

If your sponsor licence refusal resulted from a caseworker error or from supporting evidence not being considered, you can request a correction and, if needed, submit a new online application.

If the refusal was unlawful, unreasonable, or procedurally improper, you can seek a judicial review of the decision.

Alternatively, you can submit a new sponsor licence application.

You may re-apply immediately if your initial application was refused because you missed a document submission deadline for reasons beyond your control or because it was submitted by a representative.

Waiting Periods for a Fresh Application for a Sponsor Licence

You must wait six months before re-applying if you were refused for any of the following reasons:

• Submission of false documents or bad faith actions

• Insufficient processes to comply with sponsor duties

• Relevant unspent criminal conviction

• Legal ban from becoming a company director

• Lack of a trading presence in the UK

• Failure to meet the sponsor criteria for the category applied

If you have received a Civil Penalty, you must wait 12 months before re-applying. In some cases, this period may extend to five years.

Important Information About Sponsor Licence Refusals

• Requests to correct caseworker errors must be submitted within 14 calendar days from the refusal date.

• The Home Office will not consider any new evidence that was not available at the time of the original application.

• Applications for judicial review must be submitted promptly, within three months of the refusal decision. A Pre-Action Protocol letter must first be sent to the Home Office, notifying them of your intended judicial review claim and giving them a chance to review their decision.

If you submit a new sponsor licence application, ensure that all reasons for the previous refusal are addressed. A UKVI compliance officer may visit to check that you have the necessary systems and procedures in place to meet your sponsorship obligations.

How Our UK Immigration Lawyers In Switzerland Can Help

A sponsor licence refusal can severely impact the UK arm of your business, especially if it relies on skilled migrant workers.

Our immigration lawyers specialise in challenging sponsor licence refusals. We help Swiss employers with UK business interests to identify and correct caseworker errors and pursue judicial review proceedings. We also assist Swiss-owned companies in the UK to prepare new sponsor licence applications following a refusal.

We are dedicated to understanding and meeting our Swiss business clients’ needs with clear, reliable immigration advice, delivered professionally and personally.