Sponorship Licensed Expired

[kalpesh.tailor81]

Hi,

I am on Tier 2 Sponsorship visa. Sponsorship license of my employer expired on 3rd July 2013. My employer did receive email at that time but he thought because I have got a valid visa until October 2015 he did not renew the license. because of that I received the letter dated on 31st January 2014 that my visa has been curtailed to 31st March 2014.

I spoke to my employer about this and he has applied for the license again. He has explained this situation to the homeoffice and requested to suspend this curtailment of leave.

Would they do that?

I don't what to do know and I am stuck.
Please any suggestion would be very helpful.

[manci]

read the T2 sponsor guidance para 744 onwards
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Await the HO's response but it is possible (likely) that you will have to re-apply once your sponsor becomes licensed again.

[kalpesh.tailor81]

Thanks for the reply.

Below is my immigration history. Based on that would be able to apply for Leave to remain visa on Tier 2 after the HO positive response.

There is the gap of three months because when applying for Tier 2 visa in Sept 2009 there were some complications. My first application was in time but refused it because the SOC code was not correct. Then I applied on 7 Oct 2009 they refused it again because my working hours were not correct. Then applied in Dec 2009 and it was successful. Because of this three months gap I was not able to apply for ILR on Oct 2012.

Immigration History:
Sept 2004 - Sept 2006 -- On Student Visa
Sept 2006 - Sept 2009 -- Work Permit
Jan 2010 - Oct 2012 - Tier 2 Visa
Oct 2012 - Oct 15 (reduced to March 2014)

Please help.
Regards
Kalpesh

[manci]

you have leave until 30/03/2014 and provided your sponsor gets his licence back before then you can apply for T2G leave to remain with a new CoS. Check that with their licence application they also requested an unrestricted CoS allocation for 2013/14 which they can use for you.

btw - it is not entirely clear from your immigration history what happened at the end of 2009. Did you overstay for more than 28 days? In Dec 09 did you apply from the UK or abroad? Have you checked if you will not be eligible to apply for ILR in Sept 14 on the basis of long residence (10 years) ?
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[kalpesh.tailor81]

Thanks for the reply.

I was applying from the UK. Below is the explanation to the gap in 2009.
My visa were expiring on 28 September 2009 so I made an application on August 2009. For this I got the refused answer on 21 September because of SOC were incorrect. My employer tried to update the license with valid SOC code which took a while and hence I applied again on 07 October 2009 (by which my visa has expired). This application was rejected on 02 December 2009 again because of working hours does not match Pay grade. Than I applied again in Dec 2009 and was granted visa from Jan 2010 to September 2012.

Regarding after my sponsor gets the license and applying for T2G leave to remain, on the HO website they say that the maximum of T2G leave to remain offered is 6 years. So what would happen in my case.


Kind Regards
Kalpesh

[manci]

the 6 year cap only applies to those whose initial T2 leave was granted after 5 April 2011 (not you)

Since you don't seem to be clear about overstaying in 2009, and this does matter for an ILR application, suggest you make a SAR request and get your HO file
http://www.ukba.homeoffice.gov.uk/navig ... onal-data/

[kalpesh.tailor81]

Thanks very much for your help Manci.
I will make as SAR request.

Your help is much appreciated.

[madnanali]

Thanks very much for your help Manci.
I will make as SAR request.

Your help is much appreciated.

Hi kalpesh.tailor81;

I am in same case, my employer license expired in Oct-2014; we just come to know. Now they are applying again to renew it. Should they need a New COS and I need to apply new VISA application based on that COS. I'll be thanksfull for your kind reply
Thanks

[manci]

[quote="madnanali

I am in same case, my employer license expired in Oct-2014; we just come to know. Now they are applying again to renew it. Should they need a New COS and I need to apply new VISA application based on that COS. I'll be thanksfull for your kind reply
Your sponsor has been reminded at least 3 times by UKVI that their licence would expire, yet they didn't renew it. Why? It is possible that you will need a new CoS, in which case an RLMT may also be needed, and have to make a new application for leave to remain but there may be special circumstances. Ask your (previous) sponsor to ring the UKVI employer helpline for guidance: 0300 123 4699


Thanks[/quote]

[madnanali]

Thanks

manci

;

They did not receive any email for reminder, however they missed to check the SMS portal; employer want to retain me; so they are preparing papers to reapply for license; however I could not understand your point " It is possible that you will need a new CoS"?
Should It means that I need new COS ?
Thanks for the help

[manci]

if they obtain a new licence they will have to assign a new CoS to you prior to which they will need to carry out an RLMT (unless an exemption applies).

If it is true what they told you, i.e. that they haven't received any reminder emails to renew their licence, and because the licence expired fairly recently I suggested they contact UKVI through the employer helpline, may be something can be done to shorten the process.

Since the licence expired UKVI will write to you curtailing your leave.