How do I sponsor a migrant worker?
How we can refuse a licence
This page explains the situations in which we can refuse your application to join the register of sponsors under the points-based system.
When we will refuse an application
We will refuse your application in any of the circumstances below:
- If you, or a relevant person submit any false document with your application.
- If you do not meet the specific requirements that apply to the appropriate tier or category under which you are applying. If you meet the requirements for some of the tiers or categories, but not others, we will only licence you for the tiers or categories under which you qualify.
- the fine for at least 1 of those workers was set at the maximum amount. If the fine was paid within the given time limit, your application will be refused if it is made within 6 months of the date the fine became payable; or
- the fine for at least 1 of those workers was set at the maximum amount. If the fine was not paid within the given time limit, but was subsequently paid at a later date, your application will be refused if it is made within 12 months of the date the fine became payable; or
- the fine was for a first offence and was set below the maximum amount. If the fine was not paid within the given time limit, but was subsequently paid at a later date, your application will be refused if it is made within 6 months of the date the fine became payable; or
- the fine was for a repeat offence and was set below the maximum amount. If the fine was paid within the given time limit, your application will be refused if it is made within 6 months of the date the fine became payable.
- the fine was for a repeat offence and was set below the maximum amount. If the fine was not paid within the given time limit but was subsequently paid at a later date, your application will be refused if it is made within 12 months of the date the fine became payable. (The date a fine becomes payable is the date on which all of your objection and appeal rights have been exhausted.)
- If you, or a relevant person, have not paid an outstanding illegal working civil penalty issued since the penalties were introduced in February 2008 and you are still liable once your objection and appeal rights have been exhausted.
- If you, or a relevant person have been convicted of 1 of the offences below, unless the conviction is spent under the Rehabilitation of Offenders Act 1974. (Convictions may become 'spent' after specified periods of time from the date of conviction if there are no further convictions during that time. Spent convictions are disregarded for certain purposes.)
- Any offence under the Immigration Act 1971; the Immigration Act 1988; the Asylum and Immigration Appeals Act 1993, the Immigration and Asylum Act 1999; the Nationality, Immigration and Asylum Act 2002; the Immigration, Asylum and Nationality Act 2006; or the UK Borders Act 2007;
- Trafficking for sexual exploitation;
- Any other offence which, in our opinion, indicates that you pose a risk to immigration control, for example, offences involving dishonesty or deception, including any of the offences listed in Appendix B. Any other unspent convictions could also lead to an application being refused.
- If you, or a relevant person are legally prohibited from becoming a company director (unless this is due to being an un-discharged bankrupt). Please note though, that the authorising officer must not be an un-discharged bankrupt.
- If you have previously held a sponsor licence and that licence was revoked by us in the 6 month period prior to the date of your application.
When we may refuse the application
We may refuse your application in the circumstances listed below:
- If you, or a relevant person have a previous record of non-compliance or poor compliance with the duties of sponsorship, or with the work permit arrangements.
- If you, or a relevant person have previously been asked to provide evidence to allow us to decide whether an organisation was complying with the sponsorship or work permit arrangements and that information was not provided.
- If the information available to us suggests that you do not yet have the processes necessary to comply with your duties as a sponsor.
- If you, or a relevant person have previously had a sponsor licence revoked by us. In these cases, you will have to demonstrate that you have put right any issues which led to the revocation of that licence, before we will consider granting a new one.
- If the Office of the Immigration Services Commissioner (OISC) has removed your authorisation, or the authorisation of any organisation that you, or a relevant person have been involved with in a similar role. (This applies to individuals or organisations that provide immigration advice or services).
- applying for work permits despite not having, or being in the process of establishing, an operating or trading presence in the UK;
- having had work permit applications refused on the grounds that your facilities were not large enough to cope with the increased staff and there were no plans to expand to take account of that increase; and
- making false statements in any application to us, including an application for a work permit.
The exact action we take in one or more of the circumstances above will depend on:
- the seriousness of the past conduct (including the conduct that led to any previous withdrawal of a licence, removal from the register of education or training providers or termination of authorisation by the Office of the Immigration Services Commissioner), the time since it took place and any mitigating circumstances; and
- the seriousness of the issues which led to the revocation of your previous licence, and what you have done since then to improve the situation.
We are likely to give you a B rating if we give you a licence in these circumstances.