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Avoid These 5 Common Mistakes When Applying for a Sponsorship License

Sponsorship License: What is it? 

A sponsorship license, also known as a sponsor license, is a vital tool for UK organisations looking to employ skilled workers from overseas. This license grants the ability to issue Certificates of Sponsorship (CoS) to eligible non-UK nationals, allowing them to apply for work visas such as the Skilled Worker Visa. However, navigating the application process can be complex, and mistakes can lead to delays or even refusal. Here are five common mistakes to avoid when applying for a sponsorship license:




1. Missing or Incorrect Documentation 

Submitting incomplete or inaccurate documents is a frequent error that can significantly delay your application process. To avoid this, meticulously review all required documents and ensure they are submitted promptly and accurately. Double-check each document for accuracy and completeness before submission.


2. Failing the ‘Genuineness’ Test 

To qualify for a Tier 2 (General) visa, applicants must demonstrate that the job vacancy they are filling is genuine and cannot be filled by a qualified settled worker. Providing substantial evidence supporting the authenticity of your organisation and job vacancies is crucial. Ensure that the vacancy aligns with specific duties and responsibilities, meets tier and category requirements, and matches the period of employment stated on the CoS. 


3. Choosing Inappropriate Key Personnel 

Selecting qualified individuals who meet the eligibility criteria for key roles is essential to pass Home Office checks. Ensure that your key personnel selections align with the Home Office's eligibility criteria to avoid complications during the application process. 


4. Unprepared for the Pre-License Visit 

The Home Office may conduct unannounced visits to verify compliance with sponsorship duties. Failing to be prepared for these visits can lead to the rejection of your application. Ensure your organization maintains accurate records, follows reporting requirements, conducts mock audits, and complies with all sponsor duties to mitigate this risk. 


5. A History of Non-Compliance 

Previous incidents of non-compliance may lead to refusal; therefore, it’s essential always to adhere strictly to compliance requirements. Officers will check you are compliant with your legal responsibility as an employer to prevent illegal working, and check for any incidences of non-compliance. If your business has had a sponsor license revoked or surrendered during compliance action, your new application may be refused. A 'cooling-off' period may apply after refusal or enforcement action, during which reapplication is not permitted. Seek specialist advice for a carefully considered approach to new applications in such cases.


Choose MSD Solicitors as your Trusted Professionals

By avoiding these common mistakes, you can enhance your chances of obtaining a sponsorship license successfully. It's crucial to stay well-informed, prepared, and compliant with all Home Office requirements throughout the application process. For further guidance or assistance with applying for a Sponsorship License, book a free initial consultation with one of our trusted solicitors. 

 

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