Landing a dream job in the UK is a stroke of luck for any American. But immigration is often the top concern because it can be fraught with challenges. A UK employer has to provide a sponsor license to recruit a non-EEA citizen who requires a visa to live and work in the country. Although the process sounds straightforward for the employer, it can be trickier than you imagine. At times, your application may even be refused by UKVI. As an employer, a refusal can impact your operations and workforce planning. It makes sense to understand the reasons for the refusal of your sponsor license so that you can sideline issues in the future. Here are the possibilities you must know about.
Incorrect supporting documents
Applications for sponsor licenses are often complex and have extensive documentary requirements to validate that you operate a genuine company in the UK. Not providing the correct supporting documents is among the most common reasons for refusal. These documents must be original or certified copies to be valid. UKVI may verify your documentation online, but you will have to provide a covering letter and the website address where they can access the information.
Late filing of documents
If you do not submit the required documents within five working days of the initial application, there are chances of the license being refused. The Home Office may request further documents, which you should provide within the stipulated time frame. You need to pay attention to these timelines to ensure approval.
Failing the genuineness test
You may expect a refusal if the Home Office deems that your organization acted in bad faith. The instances could vary, from submitting fake documents or fabricating a role that does not match the candidate’s skill level. If your intentions are genuine, you must hire a UK immigration lawyer in USA to get everything in place. Spending on their services is the better alternative to losing your fees due to refusal. If you act in good faith, they may also help you challenge the decision and evidence a robust business case, and make a new application.
Key personnel issues
When you apply for a sponsor license, you will have to nominate key personnel to carry out sponsorship duties. They must match suitability criteria as the authorities will do background checks during the process. Your application can be at risk if any of the key personnel, owners, or directors has a history of immigration violations or criminal convictions for offenses such as fraud and money laundering.
Failed compliance visit
UKVI will conduct a site visit at the applicant’s place before granting a license. They may refuse to approve it if they believe that your HR systems and recruitment practices do not comply with your duties. The systems must be robust enough to keep track of migrant workers if they do not turn up for work or change their address. Ensure that you have a convincing case with a proper HR system in place.
Your sponsor license application may land into a fix for more than one reason. But an experienced lawyer can save you from stress and trouble by ensuring that you do everything right during the application process.