Is your request for a Defined Certificate of Sponsorship (CoS) being rejected due to a lack of guaranteed contracts? You are not alone. Many care sector sponsors have faced similar refusals due to the Home Office’s strict interpretation of the genuine vacancy requirement. However, a recent High Court ruling provides an opportunity for businesses to challenge these decisions successfully.
Understanding CoS Rejections
Since October 2023, the Home Office has mandated that care sector sponsors provide official contracts demonstrating their need for additional workers. Many applications have been refused due to the absence of contracts guaranteeing specific service user numbers or staff placements. Given the flexible nature of care sector contracts, this requirement is impractical and has led to unjust refusals.
In a recent case, Hartford Care Group Ltd successfully challenged this policy. The High Court ruled that the Home Office’s demand for guaranteed contract provisions was irrational and unlawful. This decision now offers care providers the chance to reapply for CoS or challenge prior refusals with a stronger legal basis.
How Farani Taylor Solicitors Can Assist You
At Farani Taylor Solicitors, we specialise in UK immigration law and have a proven track record of assisting care providers in securing sponsorship licences and CoS allocations. If your CoS request has been refused due to a lack of guaranteed contract provisions, we can help you:
Challenge Unfair Decisions: Our legal team will guide you through the judicial review process to contest unjust refusals.
Strengthen Your Reapplication: We assist in compiling alternative evidence, such as workforce demand assessments, organisational charts, and service delivery needs.
Ensure Compliance: We provide comprehensive legal advice to help your business meet Home Office requirements and avoid future refusals.
Represent You in Legal Proceedings: If necessary, our team will represent you in court to protect your business’s right to recruit skilled workers.
Why Choose Farani Taylor Solicitors?
Expert Immigration Lawyers: Our team has extensive experience handling sponsorship and work visa-related cases.
Proven Track Record: We have successfully assisted numerous care providers in obtaining sponsor licences and CoS approvals.
Tailored Legal Support: We develop personalised legal strategies to meet the unique needs of your business.
Take Action Now
The recent High Court ruling represents a significant victory for care providers, but timely action is crucial. If your CoS request has been rejected, seek expert legal assistance immediately. Contact us today for a consultation and let our experienced team help you navigate the complexities of UK sponsorship law.
Get in touch with Farani Taylor Solicitors today and ensure your care business can recruit the skilled workforce it needs.
This article is prepared by Sajjad Hussain, Solicitor in our Immigration department.