Search

How can we help?

Icon

Received a sponsor licence decision – these are the next steps you should take’

The long wait is over, and you now have a sponsor licence decision. If everything was done correctly, you should either have a grant, which means you are now licenced to sponsor migrant workers, or your application has been refused. In this blog, we look at how to deal with these decisions.

Processing times

A sponsor licence decision can normally take up to 8 weeks. In practice, for straightforward applications, it can take as little as 3 weeks, but if the Home Office intends on making a pre-decision compliance visit, it can take longer than 8 weeks.

Decision – Granted

If you have been granted a sponsor licence, your legal representative (if you have one), can normally advise you of the decision (to grant) by checking the Tier 2 register of sponsors (surprisingly this is updated before the actual decision is received in most cases).

This is usually followed by an email from the Home Office providing you with your Level 1 user password. Strangely enough, this email also does not mention that you have been granted a sponsor licence, but as a level 1 account is only opened for licenced sponsors, you can infer that you are now a registered sponsor.  However, you should still wait for your official letter confirming the approval of your licence. The decision letter will contain your Level 1 username, which you will need to access the Sponsor Management System along with the password you received earlier.

As a licenced sponsor, you should receive a Sponsor Licence number and access to the Sponsor Management System. You can use the latter to maintain your licence (we cover this in a later blog).

Decision – Refused

Unfortunately, a significant number of sponsor licence applications are still being refused by the Home Office. However, this is usually because of a lack of preparation, which can lead to insufficient information being provided.

If you have been refused, you should contact your legal representative urgently. If you do not have a legal representative, you should seek independent legal advice.

You cannot appeal a sponsor licence decision, but you may be able to seek a review if you think the decision was incorrectly refused because of:

  • A Home Office caseworker error
  • You sent supporting evidence to the Home Office, but this was mistakenly not considered by them

If the Home Office accepts that the decision was indeed made in error, you will be invited to re-apply with a further fee. The further fee will be refunded, once your new application is received by the Home Office.

If the Home Office refuses your application (and review, if applicable), you cannot reapply for a further 6-month period. This is known as a ‘Cooling-Off’ period. In some cases, this period may be longer, if the reason for refusal includes a previous revocation, or n immigration offence.

In any event, if you reapply (after the Cooling-Off period), you should appropriately address previous reasons for refusal.

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

A sponsor licence decision can normally take up to 8 weeks.

If you think the decision to refuse your application was incorrect, you may be able to challenge this decision by way of Judicial Review.  Judicial Review is not covered in this blog, but we encourage you to seek legal assistance if you consider this to be appropriate for your case.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

Pub
  • 16 June 2025
  • Privacy and Data Protection

WhatsApp in the workplace: Is it legally safe?

In this podcast, Lucy White and Monica Mastropasqua, members of the Data Protection team at Clarkslegal, will address frequently asked questions from clients regarding the use of WhatsApp at work.

art
  • 13 June 2025
  • Employment

Human Resources – A Shift Towards artificial intelligence?

On 6 May 2025, the SRA authorised the first law firm providing legal services through artificial intelligence. Garfield.Law will provide an AI-powered tool which can assist businesses with the small claims court process, to aid in recovering unpaid debts.

art
  • 11 June 2025
  • Employment

Employment Contracts and Specific Performance

‘Specific performance’ is a type of equitable remedy available, in some circumstances, and at the court’s discretion, for breach of contract; it entails an order by the court which legally compels a party to a contract to fulfil its contractual obligations.

art
  • 10 June 2025
  • Commercial Real Estate

Taking a commercial lease: The main points to negotiate when agreeing the Heads of Terms

What are the key areas tenants may want to pay particular attention to when agreeing to the Heads of Terms (HoTs).

art
  • 09 June 2025
  • Employment

Clarkslegal representing UK employers at the International Labour Conference

I am writing this from Geneva, where I once again have the honour of attending the International Labour Organisation’s International Labour Conference.

art
  • 06 June 2025
  • Immigration

MAC Report: Immigration Support for IT and Engineering Professionals

On 29 May 2025, the Migration Advisory Committee (MAC) published its much-anticipated review on the use of the UK immigration system by professionals in IT and engineering.