We recently acted for a sponsor in the care sector whose Skilled Worker sponsor licence had been suspended and whose request for an allocation of Undefined Certificates of Sponsorship was refused by the Home Office. The decision had an immediate and serious impact on the organisation’s ability to recruit and maintain safe staffing levels.
When the client approached NARA Solicitors, we carried out a detailed review of the suspension notice and the refusal of the CoS allocation. We examined the reasons given and assessed the organisation’s wider circumstances, including the steps they had already taken to meet their sponsor duties.
It was clear that the decisions needed a strong and structured response. We prepared a Pre Action Protocol letter that set out the legal and factual issues in the Home Office decision making.
Outcome of the Pre Action Protocol
The Home Office reviewed the PAP and responded with a full concession. They confirmed that:
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The sponsor licence suspension was lifted and the licence was reinstated.
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The earlier refusal of the Undefined CoS allocation was flawed.
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A fresh CoS allocation request would be decided on an expedited basis.
This was a significant result for the organisation. With the suspension removed and the CoS issue corrected, the care provider could continue recruiting skilled staff and meeting the needs of the people who rely on its service.
Decisions relating to sponsor licences and CoS allocations have serious consequences for employers, especially in the care sector where staffing levels need to be maintained at all times. A suspension or an incorrect refusal can interrupt recruitment, create financial pressure and affect service delivery.
This case shows that where a decision appears to be incorrect or unfair, there are routes to challenge it. A Pre Action Protocol can often resolve the matter quickly and help a business return to normal operations without unnecessary delay.
How We Can Help
If your organisation has had its sponsor licence suspended or a CoS allocation refused and you would like to understand your options, our team at NARA Solicitors is here to help.
