Sponsor Licence Refusal Overturned for Tech Company Through Pre-Action Protocol with NARA Solicitors

A UK-based digital tech company recently faced a major setback when their Skilled Worker Sponsor Licence application was refused. The application was submitted independently by the company themselves.

As part of the process, the Home Office conducted a digital compliance check, which ultimately led to the refusal decision.

The Challenge: A Digital Compliance Check That Led to Rejection

In February 2025, the Home Office refused the company’s application, stating:

• The company had not demonstrated financial sustainability to support migrant salaries
• There were concerns over the genuineness of the job vacancies
• Findings from the digital compliance check suggested the company may not be able to fulfil its sponsor duties
• A 6-month cooling-off period was imposed, preventing immediate reapplication

The refusal posed a serious risk to the company’s recruitment plans and future growth.

After application refusal, the company approached Nara Solicitors for expert legal assistance. Our legal team carefully reviewed the refusal and identified critical errors in the Home Office’s assessment and advised to challenge the refusal through PAP.  A Pre-Action Protocol (PAP) letter was submitted, arguing that:

• The company had sufficient financial stability, contrary to the Home Office’s conclusion
• The job vacancies were genuine and aligned with the company’s growth plans
• The digital compliance check findings misinterpreted key aspects of the company’s operations

Following our legal challenge, the Home Office admitted that the refusal decision was incorrectly reached. In response, they took exceptional corrective action:

• Waiving the 6-month cooling-off period, allowing an immediate reapplication
• Expediting the processing of the new application
• Refunding the previous application fee

This meant that instead of waiting six months, the company could immediately reapply and move forward with their business plans without unnecessary delays.

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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