We are proud to share the success story of one of our clients, a care provider, who faced significant challenges after their sponsor licence application was refused due to the “Dormant” status of their Care Quality Commission (CQC) registration.
Despite previously engaging another law firm to submit a Pre-Action Protocol (PAP), the Home Office upheld the refusal. Recognising the critical need for a sponsor licence to meet the growing demand for care services, the client sought our advice to challenge the decision further.
The Challenge
The refusal cited non-compliance with Paragraphs SK2.7 and SK4 of Workers and Temporary Workers: sponsor a skilled worker guidance, requiring an “Active” CQC registration to sponsor care workers under occupation codes 6135 (care workers) and 6136 (senior care workers). At the time of application, the client’s CQC registration was marked as “Dormant”, leading to the refusal and the imposition of a six-month cooling-off period, preventing them from reapplying.
The refusal’s interpretation centred on the requirement for “Active” CQC registration at the time of sponsor licence application, which appeared to contravene the applicable guidance. The client, dissatisfied with the refusal and its implications, approached us for a more comprehensive review.
Our Approach
Our in-depth assessment of the Sponsor guidance revealed a caseworker error. The refusal placed undue emphasis on the need for “Active” CQC registration at the time of application, contrary to a holistic interpretation of the rules.
We submitted a detailed Pre-Action Protocol letter, challenging both the refusal and the cooling-off period. The Home Office partially conceded, agreeing to disapply Paragraph SK4 of the guidance but maintained the refusal under Paragraph SK2.7 of the guidance, reiterating the necessity of “Active” CQC registration.
Despite this partial acknowledgment, the client was dissatisfied with the Home Office’s response and chose to contest the decision further through Judicial Review (JR).
Judicial Review and Resolution
We initiated a Judicial Review, presenting a strong and detailed interpretation of the relevant Home Office guidance. Our argument emphasised that the requirements outlined in Appendix A: Supporting Documents for Sponsor Licence Applications of the Guidance were the applicable rules for this case, rather than the Workers and Temporary Workers: Sponsor a Skilled Worker Guidance referenced in the refusal letter.
The refusal failed to properly distinguish between the prerequisites for obtaining a sponsor licence and the requirements for sponsoring individual workers under the Skilled Worker visa. We argued that “Active” CQC registration is not a mandatory condition to apply for a sponsor licence but becomes relevant only when the sponsor intends to sponsor any workers under occupation code 6135 (care workers and home carers) or 6136 (senior care workers).
Our submissions highlighted significant flaws in the caseworker’s reasoning, including procedural and interpretative errors, which led to an unjust refusal. This robust challenge successfully demonstrated how the misapplication of rules impacted the decision-making process.
The Home Office responded with a draft Consent Order, agreeing to:
- Remove the six-month cooling-off period, allowing the client to reapply immediately.
- Refund the client’s any and all application costs, recognising the procedural error.
- Expedite the decision on the fresh application, promising a resolution within one month.
Outcome
The positive outcome has enabled the client to reapply promptly for a sponsor licence. This decisive outcome allowed the care provider to expand their services and meet the growing demands of their industry without further delays.
Conclusion
This case underscores the importance of challenging unjust refusals and getting professional legal opinion to thoroughly analyse Home Office guidance. Our strategic and evidence-based approach not only achieved the desired outcome for our client but also set a precedent for other applicants facing similar issues. It highlights the value of precise legal interpretation in resolving complex immigration matters.
This success reaffirms our commitment to securing optimal outcomes for our clients and ensuring fairness in decision-making processes.
Contact NARA Solicitors today if your sponsor license is suspended or revoked.
