Fee, Refusal and Reapplication Timing
Sonia applies for a security guard licence and pays the application fee. Two weeks later the SIA refuses the application because of an undisclosed 2021 conviction for theft (a caution plus a fine). Sonia is angry: she says she 'didn't think a caution counted', the fee should be refunded because she was refused, and she wants to reapply immediately with the conviction now disclosed. She also asks whether she can work in the meantime because 'the application was in the system'.
1. Advise Sonia on (a) whether the fee is refundable and (b) whether she can work while unlicensed.
Read the worked answer
(a) Fee: The application fee covers the cost of processing the application, including identity and criminality checks. It is generally non-refundable once the application has been processed, even where the outcome is refusal. Sonia should not assume a refund; she should check the SIA's published refund policy, but the default expectation is that the fee is not returned simply because the application was refused.
(b) Working unlicensed: No. A licence is required before undertaking licensable conduct. Having an application 'in the system' does not confer authority to work. Working without a licence is an offence and exposes both Sonia and any employer to enforcement action. She must not work in a licensable role until a licence is granted.
Judgement point: Refusal and the fee are separate questions from the right to work. Neither the pending application nor the refusal gives her permission to operate.
2. Sonia wants to reapply immediately. What should she consider before reapplying, and what does the caution mean for her prospects?
Read the worked answer
Before reapplying:
- Disclose the caution and fine fully. A caution is a record the SIA will consider; 'I didn't think it counted' is not a defence. Non-disclosure was likely a significant factor in the refusal.
- Understand the refusal reasons. She should obtain and read the decision letter to see what drove the outcome (the offence, the non-disclosure, or both).
- Consider timing and change. Reapplying immediately with the same facts may produce the same result. She should be able to show insight and any relevant change since 2021.
- Check any reapplication restrictions in the decision letter or SIA guidance.
Prospects: A theft caution plus fine from 2021 is not automatically disqualifying, but theft is relevant to a security role (honesty, trust). The strongest application is candid, documented, and explains what has changed. Immediate reapplication without addressing the non-disclosure is unlikely to succeed.