You need to apply for your sponsorship licence online and post it to UK Visas and Immigration with the relevant supporting documents. Most applications are dealt with within 8 weeks.
You will need to send at least 4 relevant supporting documents to prove that you are a genuine business and are able to carry out sponsor responsibilities. All of the documents that you provide must be the originals or certified copies. There are exceptions where you don’t need to provide 4 documents if:
UKVI may pay a site visit to your business to check the genuineness and reliability of your business. We can help you in advance of the site visit to ensure that you meet the requirements of the immigration rules. We can also be present with you on the day UKVI visit, to ensure that procedures are correctly followed. For more information about UKVI site visit, please contact us.
If your sponsorship licence application is successful, you will get an A-rated licence if your application is granted. This will allow you to start assigning certificates of sponsorship, and your business will thereafter be listed on the register of sponsors.
Administrative review is the review of an eligible decision to decide whether the decision is wrong due to a case working error.
It will allow the applicant to raise any case working error that they think has been made on the application and, if an error has been made, have it corrected. Administrative review is only available where an eligible decision has been made.
If the Home Office has refused your initial application, the refusal decision notice will tell you if you are eligible to apply for administrative review. Generally, you can only apply for an administrative review if you don’t have a right of appeal against the initial refusal.
Please Note there are time restrictions on Administrative Reviews, therefore, it is pertinent that you seek advice as soon as a negative decision is received.
What happens when an administrative review decision is made?
If your review application is refused, you may be able to apply for a Judicial Review or submit a new visa application.
When you apply for a visa, settlement or other immigration applications, you hope everything goes smoothly and your application will be granted. Unfortunately, applications are sometimes refused by the Home Office. If your application is refused, you will be sent a refusal letter, in which it will state whether you have the legal right to appeal your case. There may not be an appeal right in all circumstances – but you may have the right to ask for an Administrative Review. Once you decide to challenge the refusal decision, you need to act quickly to comply with the procedural rules, and to ensure that you have the best chance of success.
You can submit your application online, by post or fax after the date of your decision. Your application will be lodged with the First-tier Tribunal (Immigration and Asylum Chamber). This Tribunal is independent of the UK government, and an Immigration Judge will listen to both sides of the argument, yours and that of the Home Office, before making a decision. There are various time limits to appeal, which depend on the location where you initially submitted your application. Therefore, you need to contact us immediately if you find yourself in this situation.
You will be given a decision in person or by post.
The tribunal will either decide to:
If I have lost my appeal, or don’t have the right to appeal, is there anything else I can do?
If your appeal is dismissed and you think there is a legal mistake with the decision, you can ask for permission to appeal to the Upper Tribunal (Immigration and Asylum Chamber) or ask for a Judicial Review.
Public bodies and some private organisations can have their decisions reviewed by Judges at the Court of Session in Edinburgh. This is the highest court in Scotland. The review process is not a right of appeal but does usually require that the decision maker’s appeal procedure has been exhausted.
Any person affected by a decision maker may petition the Court of Session for the review if there are reasonable grounds for doing so. The grounds for the review are long and various. If you seek for assistance on a judicial review, please contact us.
If a decision-maker has made a decision, which has had an effect on you, and you believe they were wrong to come to that decision you should consult a Judicial Review Lawyer. Please notice that there is a very strict time of 3 months to bring Judicial Review proceedings in immigration issues.
Our skilled team of immigration solicitors have wealth of experience in this area, and our aim is to progress cases quickly and efficiently. Call us today on 0141 429 8166 or complete our online form.
Livingstone Brown is a leading firm of Scottish solicitors. Based in Glasgow, but dealing with cases around the country, the firm has been at the forefront of legal service provision for over thirty years.
If you have a legal problem, getting good quality legal information at the earliest stage can be invaluable. The firm offers a free initial enquiry service; all you have to do is call in, telephone, or e-mail. You won't be charged for your enquiry; we'll let you know by return whether we can help, what we can do, and how much it's likely to cost. We can also offer legal aid where available.
Led by former senior partner Gerard Brown CBE, who continues as a consultant, the firm has built up an enviable reputation for quality of service and client care.
The firm has won various awards over the years. In the 2019 edition of the prestigious Legal 500 rankings Livingstone Brown was ranked as a 'top-tier' firm for general criminal work, and is also recommended for fraud cases. Stuart Munro and Gerard Brown were named as 'Recommended Lawyers'. In the Chambers directory the firm has a Band 1 ranking for criminal work, and Stuart Munro is a ranked financial crime lawyer. The firm was named Criminal Defence Firm of the Year and Family Law Team of the Year at the Scottish Legal Awards 2019.