Case Study – Urgent Legal Escalation For Delayed Undefined Cos Allocation

BrightPath Skills Institute, a UK-accredited STEM training provider, faced a serious immigration and compliance risk when its request for six undefined Certificates of Sponsorship (CoS) remained pending far beyond typical UKVI decision timelines. Six Graduate Route employees required CoS allocation to submit Skilled Worker applications before expiry – but Section 3C protection was unavailable unless a valid application could be filed.

Compounding the risk, the employer could not secure Priority CoS upgrade slots due to nationwide demand and the extremely limited number of slots released each weekday by UKVI.

Conroy Baker Ltd. undertook a structured, combining sponsor-compliance analysis, legal representation, and a litigation-ready pre-action protocol (PAP) strategy. The Home Office subsequently reviewed and approved the request, releasing all pending CoS in time for employees to maintain lawful status.
(All names, dates, and identifiers are fictionalised for confidentiality.)

BrightPath Skills Institute employs international graduates as trainee instructors within its STEM apprenticeship programmes. Six instructors were on Graduate Route visas expiring in December; the Institute intended to retain them through Skilled Worker sponsorship.
On 28 August, BrightPath submitted a request via the Sponsor Management System (SMS) for six additional undefined CoS.
On 18 September, UKVI requested further evidence, which BrightPath supplied promptly.
Over the following months, the Home Office offered no substantive progress update, repeatedly stating the request remained “within the 18-week service standard.” This created material risk of:

• Loss of lawful status for employees
• Illegal working exposure for the sponsor
• Civil penalties under Immigration Act 2016, ss.34–35
• Breach of sponsor duties under Sponsor Guidance Part 3
• Interruptions to BrightPath’s apprenticeship delivery schedule

The employer attempted to use the Priority CoS service but was unable to secure a slot due to limited daily capacity and exceptional national demand.

Graduate Route holders do not acquire Section 3C protection unless a valid online application is filed before expiry.
Without assigned CoS, filing was impossible.

If employees continued working beyond visa expiry, BrightPath risked:

• Civil penalties of up to £20,000 per worker under the Code of Practice for Illegal Working Penalties
• Sponsor action under Sponsor Guidance (Part 3, S4.8)
• Criminal liability for employing individuals without permission to work

BrightPath faced potential breaches of:

• Sponsor Guidance Part 1 (C1.1-C1.4) – obligation to act promptly and maintain lawful employment
• Sponsor Guidance Part 3 – requirement to prevent illegal working and maintain up-to-date immigration records
• UKVI Compliance Framework – risk of suspension or downgrade due to process failures beyond the sponsor’s control

UKVI releases a very limited number of paid priority slots each weekday for Change of Circumstances requests.
Due to heavy national demand, slots were fully booked within minutes every time BrightPath attempted access.
This operational limitation meant that the standard paid escalation route was inaccessible, increasing the urgency of alternative legal intervention.

This situation highlighted how even administrative delays can expose sponsors to involuntary compliance breaches, underscoring the importance of proactive and structured Sponsor Licence compliance for organisations employing international staff.

Conroy Baker Ltd. adopted a multi-layered approach:

Reviewed:

• All Home Office correspondence
• SMS logs
• Right-to-Work evidence
• Visa expiry matrix
• Sponsor compliance obligations
• Operational impact of potential staff loss

We drafted a targeted submission to UKVI Sponsor Operations highlighting:

• Imminent loss of lawful status
• Exposure to illegal-working penalties
• Sponsor-duties risks beyond BrightPath’s control
• Failure of UKVI to act within reasonable administrative time

Prepared under the Pre-Action Protocol for Judicial Review, referencing:

• Delay amounting to unlawfulness
• Risk of irreparable harm
• The sponsor’s inability to mitigate risk due to limited priority access
• The requirement for prompt reconsideration to avoid forcing cessation of lawful employment

We advised BrightPath that UKVI’s fixed, limited daily release of priority slots – consistently exhausted nationwide within minutes – rendered reliance on the priority route non-viable.

Produced a full audit bundle including:

• RFI and response
• Sponsor compliance file
• Staff immigration status analysis
• Communication logs with UKVI
• Workforce disruption assessment
• Draft PAP letter

This multi-layered intervention reflects the broader scope of our business immigration legal services, designed to support sponsors facing time-critical UKVI operational challenges.

Within days of our escalation and PAP notification, UKVI reviewed the pending CoS allocation request and released all six undefined CoS.

✔ Preservation of lawful status
All employees submitted Skilled Worker applications before Graduate Route expiry.
✔ Prevention of illegal-working liability
No civil penalties, no criminal exposure, and no sponsor breaches.
✔ Full protection of Sponsor Licence
BrightPath avoided rating downgrade, suspension, or compliance action.
✔ Continuity of teaching programmes
The January STEM apprenticeship intake proceeded without interruption.
✔ Avoidance of forced job termination
All six instructors remained employed lawfully.
This demonstrates the effectiveness of structured legal escalation when administrative delay threatens both compliance and business continuity.

unless a valid Skilled Worker application is submitted before expiry. (Immigration Act 1971, s.3C)

Daily slots are small and frequently filled within minutes nationwide.

Full documentation is essential for legal challenge and compliance defence.

Escalation avoids illegal-working breaches and preserves operational continuity.

Sponsors supporting Graduate Route employees should obtain early guidance from experienced Skilled Worker visa lawyers to ensure smooth transition planning and prevent unlawful working exposure.

We specialise in high-risk sponsor-licence matters, urgent UKVI escalations, Skilled Worker compliance, and public-law challenges. Our approach is evidence-driven, strategically grounded, and designed to resolve complex immigration issues quickly and lawfully.

This case illustrates how administrative delay can rapidly escalate into a full compliance, workforce, and public-law risk. By combining sponsor-compliance expertise with litigation-ready public-law strategy, Conroy Baker Ltd. secured a timely Home Office decision and safeguarded both the employer and its international staff.

Where Home Office delay becomes unreasonable, targeted Administrative or Judicial Review escalation may be necessary to protect both the sponsor’s licence and employees’ lawful status.

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