Understanding and Overcoming Sponsor Licence Cooling-off Periods in UK Immigration
4 min Read
– UK Sponsor Licence consultant in India – Mumbai, Delhi & Bengaluru
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Introduction
If the Home Office has refused your sponsor licence application or revoked your existing sponsor licence, your business could be subjected to a cooling-off period. In this article, we will examine the implications of this cooling – off period for your company and your sponsored overseas workers, and provide insights into how our services can assist you during this challenging situation.
What Is a Sponsor Licence Cooling-off Period?
If your application for a sponsor licence has been refused, you might not be able to submit a subsequent application successfully until a specific amount of time has lapsed since the initial refusal. This prescribed waiting duration is commonly termed as the ‘cooling-off period.’ During this period, you may be required to wait before making another attempt to secure a sponsor licence.
It basically refers to a specific timeframe during which a company is restricted from applying for a sponsor licence in the United Kingdom. This period is imposed in certain circumstances, and if a company applies for a sponsor licence during this period, the application will be automatically refused without the possibility of discretion.
The circumstances under which a cooling-off period may be imposed include
1. Previous Refusal
If a company’s earlier application for a sponsor licence was refused.
2. Revocation of a Previous Licence
If a sponsor licence that the company held previously has been revoked, or if the company surrendered the licence while compliance action was underway with the intention of avoiding revocation.
3. Civil Penalty Issued
If the company has been issued a civil penalty from a specified list of violations.
4. Criminal Conviction
If the company or its representatives have been convicted of a criminal offence from a specified list.
During the cooling-off period, the company is not allowed to submit a successful application for a sponsor licence. It serves as a measure to ensure that companies comply with immigration rules and standards before being granted the privilege of sponsoring foreign workers or individuals.
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Who Does a Cooling-off Period Apply To?
It’s crucial to emphasize that a cooling-off period extends beyond just the company or legal entity directly implicated in the refusal, revocation, civil penalty, or conviction.
Instead, it can encompass a broad spectrum of individuals associated with the business, including:
- Owners
- Directors
- Key Personnel or individuals proposed for key roles (such as Authorising Officer, Key Contact, Level 1 User)
- Individuals actively involved in the day-to-day operations of the business
Therefore, it becomes imperative to verify that no person linked to the business in any of these capacities is currently under a cooling-off period. If any such individual is subject to such a restriction, it will result in the automatic refusal of the licence application.
Hence, thorough scrutiny of the cooling-off status of all relevant individuals is essential to ensure the success of the Sponsor licence application.
What can my business do to avoid a sponsor licence cooling off period?
To avoid a cooling-off period for a UK sponsor licence application, your business should take proactive measures to ensure compliance with the immigration rules and requirements.
1. Thoroughly Understand the Rules
Familiarize yourself and your team with the UK’s immigration rules and requirements for sponsor licences. Keep yourself updated on any changes to these rules.
2. Accurate Application Submission
Submit a comprehensive and accurate sponsor licence application. Ensure all required documents and information are provided in the correct format and within specified deadlines.
3. Internal Compliance Audits:
Regularly conduct internal audits to ensure that your business is consistently complying with the terms and conditions of the sponsor licence. This includes maintaining accurate records, notifying the Home Office of any changes, and adhering to reporting obligations.
4. Monitoring Employee Status
Keep track of the immigration status of sponsored employees. Promptly address any issues, such as visa expirations or changes in employment circumstances, to avoid non-compliance.
5. Response to Home Office Queries
If the Home Office requests additional information or clarification during the application process, respond promptly and accurately to demonstrate your commitment to compliance.
By taking a proactive approach to compliance and seeking professional advice when needed, your business can enhance its chances of a successful sponsor licence application and minimize the risk of a cooling-off period.
How Long Is a Sponsor Licence Application Cooling-off Period?
The following table outlines the duration of the cooling-off period required before one can submit a Sponsor license application, depending on the specific circumstances.
| Circumstances | Cooling – off period |
|---|---|
Your application was refused (or would have been refused had you not withdrawn it) due to the following reasons:
|
No cooling-off period. This means you can apply again at any time. |
| Your previous application was refused (or would have been refused had you not withdrawn it) for any reason not explicitly outlined in this table | 6 months from the date your application was refused (or the date when the Home Office notified you that they had accepted your withdrawal request, as the case may be). |
| You previously held a sponsor licence and it was revoked (or it would have been revoked had you not surrendered it) | 12 months from the date of the notice informing you that your licence had been revoked (or the date when the Home Office notified you that they had accepted your request to surrender your licence, as the case may be). |
If you have been issued with a civil penalty for employing an illegal worker under either:
and you have paid the penalty in full |
12 months from the date you paid the penalty in full. |
| If more than one civil penalty has been issued to an owner, a director, or an Authorising Officer of your organization (individually or collectively) under section 23 or section 25 of the Immigration Act 2014 for authorizing occupation of premises under a residential tenancy agreement by an adult who is disqualified due to their immigration status, and all those penalties have been paid in full | 12 months from the date the penalties were paid in full. |
If you have been issued with a civil penalty or charge under:
And the penalty or charge has been paid in full |
5 years from the date you paid the penalty or charge in full. |
If either of the following conditions applies:
And all those penalties have been paid in full |
The Home Office may refuse your licence application for up to 5 years after the date you paid the penalty in full – see notes below this table. |
| If you or a person mentioned above has an outstanding civil penalty or charge for any of the offenses listed above and the penalty remains unpaid even after the exhaustion of objection and appeal rights | Indefinite – the Home Office will not grant you a licence while you have an unpaid civil penalty or charge. |
| You have an unspent conviction for a relevant offence | Until the conviction is spent under the Rehabilitation of Offenders Act 1974, if an unspent conviction is recorded against an individual in your organization, you have the option to reapply for a license (subject to any other cooling-off period specified in this table) before the conviction is spent. This is applicable if that individual:
|
The impact of the cooling off period on sponsored workers
If an employer’s sponsor licence is revoked, it will have serious implications for the sponsored worker. The worker’s Certificate of Sponsorship (CoS) will be cancelled, and their visa is usually limited to 60 days unless the remaining validity of their visa is less than 60 days. In that case, the worker can stay in the UK for the duration of the remaining visa validity. If the sponsor licence revocation is due to a serious act by the worker, the Home Office may require them to leave the UK more quickly.
However, the sponsored worker has the option to seek alternative employment with a new employer possessing the appropriate sponsor licence. To do so, they must obtain a new Certificate of Sponsorship from the new employer and apply for a new work visa to continue their stay and employment in the UK.
Why does the Home Office impose cooling – off period for sponsor licence?
The Home Office imposes cooling-off periods because they hold the perspective that allowing businesses to submit multiple sponsor licence applications following each revocation could eliminate a genuine deterrent for non-compliance with sponsor licence duties. Additionally, it might diminish the incentive for adhering to immigration rules.
Imposing a cooling-off period can discourage immediate reapplication after a sponsor licence has been revoked or an application has been refused. This helps prevent abuse of the system and allows time for the issues leading to the refusal or revocation to be addressed. It may also provide the Home Office with an opportunity to review the circumstances surrounding the refusal or revocation and allow the sponsor to rectify any compliance issues or deficiencies identified during the initial application or sponsorship period.
Submitting a New Sponsor Licence Application
Prior to submitting a new application, it is crucial to verify that the grounds on which the Home Office rejected (or would have rejected) your previous application or revoked (or would have revoked) your prior license are no longer relevant. The expiration of the cooling-off period does not guarantee approval by the Home Office; it is essential to completely fulfill the requirements outlined in the UKVI guidance to secure a positive outcome for your application.
During the application process, a compliance officer from UK Visa and Immigration (UKVI) may conduct a check on your compliance. In such instances, the officer will perform relevant assessments to confirm that you have implemented the necessary systems and procedures to fulfill your sponsorship obligations. If the Home Office remains unconvinced of your ability to meet these obligations or deems you unsuitable to hold a sponsor license, your application will be rejected again, leading to another cooling-off period.
Everything you wanted to know about UK Sponsor Licence Renewal
How The SmartMove2UK can help?
We understand that the process of applying for a sponsor license can be challenging and potentially disruptive to a company’s business plans if unsuccessful. Our team of immigration experts have considerable experience in navigating sponsor license applications. Whether you are seeking to submit a new application or simply wish to engage in a discussion about your circumstances, feel free to reach out to us on below,
Our branches of UK Immigration Law Firm in India
The SmartMove2UK
Immigration Law Firm Mumbai
Email : info@smartmove2uk.com
HELPLINE : +91 98191 27002
The SmartMove2UK
Immigration Law Firm Delhi
Email : info@smartmove2uk.com
HELPLINE : 011 3044 6462
The SmartMove2UK
Immigration Law Firm Bengaluru
Email : info@smartmove2uk.com
HELPLINE : 080679 20729
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