ILR while sponsor license is revoked and case is in court

[zaib2556]

I am currently on Tier 2 General Visa and would qualify in July for ILR but unfortunately my sponsor's license has been revoked recently.

My employer has taken case to the High Court because the allegations are unacceptable according to them. The HHJ of the High Court has granted permission recently in the similar case in the favour of another employer. The chance of winning of this case is very high because my employer has valid grounds of JR.

The Home Office had issued a curtailment and withdrawn at the later stage due to ongoing litigation. The High Court has no available dates in near future for hearing and my employer will have to wait for along. I am also part of the case as an interested party. The process is quite lengthy, I have tried my best to find another employer however could not. I am quite sure the case will be decided well after my ILR due date.

My question is that, in the current scenario, can I apply for ILR and what could be the outcome of the application possibly, I have two dependents as well, my wife and British Born child of 4 years,

Any advice on this will highly be appreciated.

[CR001]

Is your wife British?

[CR001]

Is your wife British? If not, then your child is not British born (meaning a citizen). Your child is born in the UK.

To qualify for ILR, you need to provide evidence that the your position will be 'ongoing for the forseeable future'. Not possible if your sponsors license has been revoke and there is court action.

Likely you ILR will either be refused outright, or held pending the court case.

[zaib2556]

No, my wife is not British and you are right my child is born in the UK but not British. My employer is happy to offer me this post until I decide to leave due to a long working relationship. They are happy to provide a written confirmation as a guarantee that if case decides in their favour, I'll be automatically on job once again and secondly as I said I am an interested party the decision apply to me as well.

Does it make any difference?