CoS applications are processed through the Sponsorship Management System and are generally expected to be dealt with within defined timeframes. However, delays do occur, particularly where the Home Office places an application under additional scrutiny, requests further information, or is carrying out compliance checks on the sponsoring employer. For businesses with recruitment timelines to meet, and for workers whose visas depend on a valid CoS being issued in time, delays can have serious consequences.
Where a delay is causing or threatens to cause significant harm, there are steps that can be taken. A Pre-Action Protocol letter to the Home Office setting out the impact of the delay and requesting a decision within a defined period can in many cases prompt a response. Where the delay is unreasonable and the Home Office fails to act, judicial review proceedings may be available to compel a decision. Priority CoS allocation services are also available through the Sponsorship Management System for eligible cases, and these can help where there is a genuine commercial urgency.
NARA Solicitors advises employers and workers on the options available when a CoS application is stalled. We review the circumstances of the delay, advise on the appropriate course of action, and draft correspondence to the Home Office where needed. If you have a worker due to start a role and a CoS that has not moved, speak to us as early as possible so the options can be assessed before the situation becomes critical.