A Certificate of Sponsorship refusal can stop a visa application in its tracks. Without a valid CoS, a worker cannot apply for or maintain their Skilled Worker visa, and the employment offer may become unworkable. Refusals can occur where the Home Office has concerns about the role, the salary, the genuineness of the vacancy, or the employer's compliance record. In some cases, a CoS is refused as part of wider scrutiny of the sponsoring employer rather than because of a problem with the specific role or worker.
There is no formal right of appeal against a CoS refusal. However, where the refusal was based on an error of law, a misunderstanding of the facts, or a procedurally unfair process, it may be possible to challenge the decision through a Pre-Action Protocol letter or judicial review proceedings. The time limits for bringing such a challenge are short, and the decision needs to be reviewed quickly to determine whether grounds exist. In other cases, it may be more appropriate to address the Home Office's concerns and reapply with a stronger application.
NARA Solicitors reviews CoS refusal letters in detail, advises on whether the reasons given are legally sustainable, and sets out the options available. Where there are grounds to challenge, we act quickly given the time constraints involved. Where reapplication is the better route, we advise on what needs to change to give the new application a stronger basis.
