Shahjahan Ali

A decision by the Home Office to refuse a Workers and/or Temporary Workers sponsor licence or to suspend, downgrade or revoke an existing sponsor licence does not attract a right of appeal. Since 6 April 2016, there has been a 'pre-licence error correction' procedure which has enabled sponsors to challenge the refusal of a sponsor licence application where there has been a 'simple caseworking error' or where supporting evidence sent with the initial application has not been considered. This Practice Note looks at how to challenge a negative sponsor licence decision by way of judicial review. It focuses on assessing the merits of a challenge, the investigation process, discussions and negotiations with the Home Office, and the letter before action.

This Practice Note looks at the circumstances set out in the Home Office’s Workers and Temporary Workers Sponsor Guidance as to when the Home Office can or will downgrade an organisation’s sponsor licence from an ‘A’ to a ‘B’ grade, suspend or revoke the organisation’s licence. It also outlines how to surrender a sponsor licence and the effect of such actions on the organisation and its sponsored workers.

This Practice Note examines some common practical issues relating to applications submitted in the Tier 1 (Investor) category. It considers client management, other options such as the Tier 1 (Entrepreneur) category, the absences requirement for applications for indefinite leave to remain and naturalisation, dual citizenship, tax and English language requirements.