Tier 2 - ILR application - Sponsor license suspended

[infosiva]

Hi,

I'm holding the Tier 2 visa and eligible for applying the ILR application now but my sponsor got suspended few months before after the UKBA Audit visit and my company submitted some the documents as part of the query and yet to hear the result from UKBA.

So can i apply the ILR application at this stage, please advise.

Thanks
Siva

[infosiva]

Hi All,

It would be really helpful if someone answer for the above.

thanks,
Siva

[Frontier Mole]

Suspension cases rarely take more than a couple of months to sort out.
If your sponsor was suspended months ago are we talking many months?
If I were you I would seek assurance about the status of the Sponsor licence before making your ILR application. Your employer can not issue you a letter if they have been revoked as they can not meet the requirements.

[n8net]

assuming ILR 5 yr route u need a letter from the employer for ILR 5yr route ?

if you have lawfully been in the UK for 5 yrs continiusly and passed LIUK do not suffice ?

[infosiva]

Many thanks for the information provided and it has been almost 3 months after the suspension.

So how long do i have to wait to let know the final result from UKBA?

Thanks
Siva

[poper]

assuming ILR 5 yr route u need a letter from the employer for ILR 5yr route ?
Yes, a letter stating the role/person is required for atleast 12 months

if you have lawfully been in the UK for 5 yrs continiusly and passed LIUK do not suffice ?

[Frontier Mole]

Suspension cases should in general be done and dusted in no more than three months. The main reason for things taking longer than two months would be representations made in the 28 days after suspension.

A number of things can happen.

They undertake further investigations based on the representations. That could include getting information from other agencies, departments etc. That all takes time. Then they examine the evidence and decide.

They can schedule another audit to check the information supplied. That takes a minimum of three weeks to do.

There could just be a general backlog in dealing with representations. So it could just be sat there waiting for a caseworker. But that would only delay it by two weeks max, they can't sit on them for very long.

Do you know if your Sponsor made representations?

The only other reason it can be held up for is the final say so before revocation....

[infosiva]

Hi,

Many thanks for that.

I guess they made representations closer to 20 days after the suspension and i assumed representations you meant is to deal the queries and submitting the documents to UKBA as part of suspension.

Since its taking closer 3 months, so what sort of outcome can i expect from UKBA like negative or positive..

Thanks,
Siva

[Frontier Mole]

Almost impossible to say without knowing the reason for suspension.
Licence suspension reasons range from minor and resolvable through to guaranteed to end in revocation.

The most common one at the moment that leads to revocation is non genuine vacancy roles. Usually in the care industry, restaurants/ catering and IT sectors. The roles are claimed to be at NQF6 but when examined are plainly not the case. The Sponsor gets to make representations but it is no more than a technical thing as the roles have been evidenced already but the route to revocation is easier on NGV rather that straight to revoke on dishonesty.

[infosiva]

Hi,

Is it OK for me to apply the ILR application now with the current documents before know the final status or i have to wait till the final result or switched to new sponsor?

Can you please advise which one do you prefer?

thanks,
Siva

[Frontier Mole]

You can apply now however expect the application to be put on hold pending the outcome of the Sponsor suspension. If the Sponsor gets revoked expect either the application to be rejected or refused.

[bnt2017]

Hi Infosiva,

Can you let us know what happened after that with you. I am in the same boat and am keen to know what should be my next move.