The UK Border Agency will reject sponsor applications submitted from a representative’s computer PBS Programme Director Neil Hughes warns.
In a letter to ILPA (Immigration Law Practitioners Association), Mr Hughes quotes from Paragraph 71 of the guidance notes which states that “A legal representative may not apply for a licence on behalf of a prospective sponsor”
All future applications from a “representatives (Immigration Adviser) email” will be rejected.
The full letter reads:
It has been brought to my attention by the Sponsor Management Unit that a significant number of sponsor license applications have been submitted directly from the email system of the employer’s representative.
One of the key principles of the sponsor licensing regime is that only the prospective sponsor can make the sponsor licensing applications; the obligations which they are accepting in doing so, cannot be delegated to any other party.
The Sponsor Licensing Guidance is clear about who should make the sponsor licence application. Paragraph 71 of the Guidance states “A legal representative may not apply for a licence on behalf of a prospective sponsor. A legal representative may help the prospective sponsor, but may not send the application form on the sponsor’s behalf. If the legal representative does send an application on behalf of a prospective sponsor, we will reject it.”
From now, all applications sent from a representative’s email system will, in line with the published guidance above, be rejected. Furthermore, any legal representative currently on the UKBA list of assessed providers that is found to be submitting applications on a prospective sponsor’s behalf will be removed from that list. We will deal with applications already submitted to the Sponsor Licensing Unit on a case by case basis and will not systematically reject them.
I hope this has clarified the situation but I would strongly recommend that if there is still uncertainty you refer to the published guidance on the UKBA website.
PBS Programme Director
Employers and Colleges seeking assistance and guidance on sponsorship from Immigration Advisers should ensure that applications are submitted from their own computer and IP address. The representative can of course sit beside the sponsor during the process, but the sponsor should ‘hit the button’ to apply.
Tier 2 of the Points based System goes live on 27 November.
For further information see: http://www.ukba.homeoffice.gov.uk
If you need immigration advice or help with sponsorship please email us at: firstname.lastname@example.org