Sponsor Licence Refusal Overturned for Care Provider Through Pre-Action Protocol with NARA Solicitors

A care provider approached NARA Solicitors after their Sponsor Licence application was refused by the Home Office.

Our client had submitted their application for a Skilled Worker Sponsor Licence themselves on 26th November 2024, which was refused on 10th December 2024. The refusal, based on alleged issues with right-to-work checks.

The client after approached us after getting the refusal for application they submitted themselves. With time being critical, our Solicitors Samarth Singla, led by Sukhvinder Singh Nara, swiftly prepared a Pre-Action Protocol (PAP) letter, which was submitted to the Home Office on 30th December 2024, resulting in the Home Office overturning the refusal, waiving the cooling-off period, and agreeing to refund the application fee.

The Refusal: Right-to-Work Checks in Question

The refusal cited:

• Missing start dates for two employees.
• Failure to provide proof of an online right-to-work check for a non-British national before employment, as required for Biometric Residence Card holders.
• A late online right-to-work check, completed only after the Home Office requested evidence.

The Home Office concluded that the client had failed to demonstrate compliance with right-to-work requirements, imposed a 6-month cooling-off period, and refused their Sponsor Licence application.

Our Approach: Pre-Action Protocol (PAP)

Determined to help our client, we submitted a Pre-Action Protocol (PAP) letter on 30th December 2024, highlighting procedural errors in the Home Office’s decision and urging them to reconsider before escalating the matter to Judicial Review.

The Outcome: Refusal Overturned

Following our intervention, the Home Office reviewed the case and acknowledged their error and provided the following resolutions:

• The 6-month cooling-off period was waived, allowing the client to submit a new application immediately.
• The Home Office agreed to refund the application fee for the previous submission, recognising the administrative error.
• The Home Office committed to expediting the processing of the new application, ensuring minimal disruption to the client’s hiring plans.
• The client’s new application will be fully considered in line with the Sponsor Guidance in force at the time.
• To ensure expedited processing, the client was advised to submit the SPL number from the new application directly to the Sponsor Casework Operations team, as per the instructions provided.

Although the Home Office could not reconsider the original application, they provided clear instructions for submitting a new one, which would receive priority processing.

Why This Case Matters

This success highlights the importance of Right-to-Work Checks Are Crucial for Sponsor Licence Applications and Maintaining Compliance and  seeking expert legal guidance for sponsor licence applications. 

Read this post by our founder, Sukhvinder Singh Nara on Why Online Right-to-Work Checks are Crucial for Sponsor License Applications and Maintaining Compliance

At NARA Solicitors, we understand the critical role a Sponsor Licence plays for businesses like care providers, and we are committed to ensuring errors in administrative decisions are rectified swiftly.

Employers must stay compliant with home office compliances as failure to comply with these requirements can lead to severe consequences, including licence refusals, fines, and reputational damage. This case serves as a critical reminder to employers about the importance of conducting accurate and timely online right-to-work checks to meet Home Office expectations.

By ensuring compliance with these processes, businesses can protect their Sponsor Licence and maintain their ability to hire skilled migrant workers without interruptions.

How NARA Solicitors Can Help

Navigating the complexities of the UK immigration system requires expert guidance. At NARA Solicitors, we offer:

1. Sponsor Compliance and Audit Services Stay compliant with immigration rules by opting for a Home Office-style compliance audit.
2. Sponsor Licence Management Assistance with applying for, renewing, or managing your sponsor licence, including HR training on compliance.
3. Representations Against Suspension or Revocation Filing representations to help retain your sponsor licence and keep your business operational.
4. Judicial Review Challenges Challenging unlawful decisions in the High Court to reinstate revoked sponsor licences.

Book a Compliance Audit: Know how to meet the requirements of the Immigration Rules and employment law by scheduling a professional compliance audit.

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Also:

Our founder, Sukhvinder Singh Nara, has launched a weekly LinkedIn newsletter dedicated to educating sponsor-licensed employers on compliance. Stay informed with valuable insights and practical advice on sponsor licence duties and compliance.

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