Tier 2 Sponsor suspended and thereafter revoked

[powershower]

Dear Immigration board family,

First of all I would like to thank you all active members , you guys are doing incredible efforts and trumendse work .

One of my friend story


In January my Employer was suspended. And on June 13-14 licenced was revoked.
In April my extension was due and because my employer was suspended i opted to go
for FLR O. Home office send acknowledgement by 5th May. And still i haven't received
bio metrics enrolment letter. I contacted home office many time and they said due to nature of this application it takes time and right now my case is pending showing up on their screen .
My 10 years due in Aug. But i can apply for ILR on long residence rule by 17 July 2016.
Now my question how to switch my application from FLR O to SET (LR) while my application is pending .
I want to make sure home office do not create any intentional gaps in my long residency .
Please help me and advise me with your best knowledge .

[cs95tdg]

If a decision is not made on your pending application at the time you become eligible for ILR you may make a request for the application to be varied. See guidance below for details on how your leave may be extended while an application is being considered, if current leave has expired, been revoked/curtailed. https://www.gov.uk/government/uploads/s ... ve-6_0.pdf

[n8net]

what can you do, if this happens when you have made an application after your visa has expired (but within 28 days Grace period) ?

[cs95tdg]

what can you do, if this happens when you have made an application after your visa has expired (but within 28 days Grace period) ?

Section 3C only applies if the application is made in-time. I.e. before current LTR expires. The following guidance may help - See page 96-97. expires.https://www.gov.uk/government/uploads/s ... es-v18.pdf

[n8net]

thanks for that doc. but that doc does not say anything about out-of-time applications. or if they can be varied or not with a new sponsor (p57).

any1 have any threads on similar cases ? or any other docs.

thanks

[cs95tdg]

thanks for that doc. but that doc does not say anything about out-of-time applications. or if they can be varied or not with a new sponsor (p57).

I may have misunderstood your question. My comment was around Section 3C only being applied for in-time applications. So if the original application is made out-of-time, then the applicant wouldn't be covered under this. As far as varying a valid application that is yet to be decided goes, I haven't seen anything to suggest that this wouldn't be possible - as there is no reference to whether the original application was made in-time or out-of-time in the guidance. Whether an application is made 'In' vs. 'Out' of time is mainly significant when determining whether either S 3C/3D can be applied, if the applicants current leave lapses during the decision making process

An applicant can vary an application at any time before a decision is made on it. They can do this if they want to be considered for a grant of leave on a different basis to their initial application.

You will however need to wait for others to advise around the specific type of application variation you have mentioned. The tier 2 guidance certainly appears to indicate that an application can be varied.

[n8net]

the thing is even to vary the application (new sponsor must be found) and the new sponsors are likely to ask about the immigration status.

the fact that application which is pending was made out of time and hence taken by HO more than 1 yr to process, is not helping.

how to prove the prospective sponsors that application is still pending after 1 year. ?