Employer License Expired

[PinnyThePooh]

My employer's license has expired and we found out this morning. I'm currently on a Tier 2 (General) valid till 05/2019. I've been working for 6-7 years with the first 2 years on Post Study Work visa and Tier 2 since.

Aside from that I've been in the UK since Nov 2004 during which I was at Uni. The reason I don't have an ILR already is because a visa application for renewal in 2009 was rejected because of incomplete documentation provided by my university. A application was made immediately after and was granted but the gap broke my 10 year continuous stay.

My current period of 5 years on Tier 2 only is going to be in April/May 2018. My Employer is now attempting to renew his licence but from what it sounds like this process might take up to 2 months. As I understand it, I will have 60 days from whenever the Home Office sends me the curtailment letter to find a new sponsor or leave the country.

Some questions regarding the options I have:
1- Continue working and hope that the license is renewed.
Q: Do I then get another Tier 2 or will the same one continue?

2- Change jobs, get another sponsor and apply for another Tier 2, then 2 months after that apply for an ILR.
Q: Timescales. My notice period is 2 months and there is the whole business of the labour market test for 28 days so I essentially needed to have a job offer a month ago.

3- Switch categories to a spouse visa. My wife's a Tier 2 but can get her ILR as she is been working for 6 years on it.
Q- Leaving the country or returning involved? Disruption in terms of jobs.

4- Make the ILR application.
Q- Is there even a chance or should I not entertain this possibility?

Any help would be greatly appreciated.

[makky86]

Aside from that I've been in the UK since Nov 2004 during which I was at Uni. The reason I don't have an ILR already is because a visa application for renewal in 2009 was rejected because of incomplete documentation provided by my university. A application was made immediately after and was granted but the gap broke my 10 year continuous stay.

How do you know it broke your continous period? Provide more details !

1- Continue working and hope that the license is renewed.
Q: Do I then get another Tier 2 or will the same one continue?

As per my understanding your employer will certain days before they an renew. Until then you can continue working for same employer. Its better you check with HR that can you still work with them. You dont want to working for employer who don't have valid license.

2- Change jobs, get another sponsor and apply for another Tier 2, then 2 months after that apply for an ILR.
Q: Timescales. My notice period is 2 months and there is the whole business of the labour market test for 28 days so I essentially needed to have a job offer a month ago.

You can apply for another job and once T2 is sissued with new sponsor then you give notice period.

3- Switch categories to a spouse visa. My wife's a Tier 2 but can get her ILR as she is been working for 6 years on it.
Q- Leaving the country or returning involved? Disruption in terms of jobs.

Yes you can switch to FLR but that means it will reset your clock.You'll have to spend 5 years on FLR to be eligible for ILR but you'll complete 10 years next year so this wouldn't be bad option at all

4- Make the ILR application.
Q- Is there even a chance or should I not entertain this possibility?

Until your sponsor license is reinstated you cannot apply for ILR

[PinnyThePooh]

Thanks for the detailed reply.

To address your points:
I had the ILR refused given the same reason. I had evidence that the university admitted that their documentation was incomplete but the home office's decision is final and not up for appeal so I decided to wait it out.

Now my employers negligence has put my second ILR plan in jeopardy. They want to keep me as a part of their team but I can't see how I can stay in the company without hurting my own case for a legal stay.

I suppose the most important thing is to find out if there are any repercussions for continuing to work before receiving a letter of visa curtailmentfrom the home office.

[makky86]

Thanks for the detailed reply.

To address your points:
I had the ILR refused given the same reason. I had evidence that the university admitted that their documentation was incomplete but the home office's decision is final and not up for appeal so I decided to wait it out.

Now my employers negligence has put my second ILR plan in jeopardy. They want to keep me as a part of their team but I can't see how I can stay in the company without hurting my own case for a legal stay.

I suppose the most important thing is to find out if there are any repercussions for continuing to work before receiving a letter of visa curtailmentfrom the home office.

Yes. You just check with HR first and make sure you dont work if its not allowed. I suggest you apply for your wife ILR and you become FLR and then apply next year 10 years.

Once you get FLR you can continue working for same employer without T2 fuss !

[dan883]

Hey do you know when did the licence expire? You employer can still apply for renewal and don't worry as far as you haven't received 60 days.

Btw how long did you overstayed when your students visa was refused? Did you reapplied after 28 days? Normally they would have refused your visa if you were an over stayer, especially in 2009. Did you checked this with your solicitor?

You are better off getting your immigration history from the HO for your reference and might even apply for ILR after consulting with the solicitor.

[makky86]

Hey do you know when did the licence expire? You employer can still apply for renewal and don't worry as far as you haven't received 60 days.

if the license is not active he cannot work for the same employer. He can stay in the UK but will have to look up for another employer.

The 60 days is totally different thing. Once his employer let Home office know about his contract termination then they'll send letter for 60 days curtailment period. It can take up 6 months to receive the letter. The main point here is that OP should not work for the employer if the license is expired and not renewed within time.!
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[PinnyThePooh]

Thanks guys. The first thing today is I'll confirm with the employer about the issue of me staying on to work.

As for the timeline, we found out about the expiry yesterday when the email came in. The employer made an application for renewal the same day and also contacted the Home Office to explain that it was not the intention to let it lapse and they wanted to keep me on and get the license back.

Btw how long did you overstayed when your students visa was refused? Did you reapplied after 28 days? Normally they would have refused your visa if you were an over stayer, especially in 2009. Did you checked this with your solicitor?

You are better off getting your immigration history from the HO for your reference and might even apply for ILR after consulting with the solicitor.

I overstayed during the time my re-application was being processed which back in 2009 was a whopping 6 months. This entire time my passport and application were with the Home Office and the final result was actually a valid visa but in the ILR refusal letter, they said I did not have Leave till the date it was granted.

About your second point. I didn't even know I could get immigration history from the HO. I'll definitely do that and talk to a solicitor about the ILR.

Thanks again everyone for the info and advice. Much Appreciated

[PinnyThePooh]

So a quick update after I talked to the Solicitor: He told me that technically I shouldn't be working with the employer but that puts me in an even stranger position.
- Am I expected to quit with no notice, no holiday etc.?
- Is me ending my job the employer's responsibility or mine?
- Is the period between now and my next job considered a gap?

Is the system basically saying that if an employer neglects to renew their license, all their Tier 2 workers are basically fired on the spot and they have 60 days to sort themselves out? I've had no communication from the Home Office. This is all stuff you guys have explained to me. I am baffled as to what is the correct route to prevent my Leave from becoming illegal or affecting my ILR application in a few months

[makky86]

So a quick update after I talked to the Solicitor: He told me that technically I shouldn't be working with the employer but that puts me in an even stranger position.

Yes, as I mentioned you should not work for your employer. See all the details

https://www.gov.uk/employee-lose-sponsor-licence

- Am I expected to quit with no notice, no holiday etc.?

You stop working for your employer. No point of notice etc.
Do't leave the UK as you will not be able to enter back as per

https://www.gov.uk/employee-lose-sponsor-licence

- Is me ending my job the employer's responsibility or mine?

Its employers and yours too. You don't want to work as it might impact your future application

- Is the period between now and my next job considered a gap?

Yes, you have to find a employer within 60 days otherwise you will not be able to apply ILR from T2.

It does not mean you have to leave UK. Ideally, your employer should contact home office and they'll curtail your leave to 60 days. It may take months (6-12)

Is the system basically saying that if an employer neglects to renew their license, all their Tier 2 workers are basically fired on the spot and they have 60 days to sort themselves out? I've had no communication from the Home Office. This is all stuff you guys have explained to me. I am baffled as to what is the correct route to prevent my Leave from becoming illegal or affecting my ILR application in a few months

Read this here
https://www.gov.uk/employee-lose-sponsor-licence

As I said you might not get communication from home office that quick ,it will take time ,probably 6-12 months.

As soon as license is expired all T2 employees cannot continue working as per guide

https://www.gov.uk/employee-lose-sponsor-licence

Normally home office would send alerts 6,3 and 1 month prior to expiry date so the employer can renew in the time. It was your employers mistake not to renew im time.

[dan883]

Hey buddy
Your employer should email HO to explain the situation and get their advise. The HO takes the employer's query seriously. There are a lot of conditions that are not in the rule book therefore situations like yours are to be questioned by your employer to the HO. Please ask your employer to ask HO(businesshelpdesk@homeoffice.gsi.gov.uk) if you can still be employed until they renew the licence.

[PinnyThePooh]

I emailed the address you mentioned and also had my employer called the sponsor helpdesk.

Here's where it gets strange: We talked to the advisor and he very explicitly told me an my employer that I can continue working and my 60 day period will start from the day the home office sends the letter which they take a few months to do.

I double checked with him if this is going to cause a violation of the ILR requirements and he said no, the clock hasn't started. I asked if there's an issue with the fact the company currently has no sponsor license and he said it's okay because they've applied for renewal.
I got his name and designation, all I can do really but I've also arranged a meeting with a solicitor because I honestly don't trust the home office.

So I've had a firm yes and a firm no to the following questions depending on who I end up talking to at the HO helpline :
- Will working during the sponsor renewal cause a problem?
- Will not working for 60 days affect my ILR application?
- Has the time period from when I have to look for a new sponsor already started or will it start from the day I receive my curtailment letter?

Once again, thanks everyone for the advice. It helped me ask the right questions though I'm still not completely sure the HO isn't planning to pull the rug out from under me come time for the ILR

[Santoshcbit2002]

I emailed the address you mentioned and also had my employer called the sponsor helpdesk.

Here's where it gets strange: We talked to the advisor and he very explicitly told me an my employer that I can continue working and my 60 day period will start from the day the home office sends the letter which they take a few months to do.

I double checked with him if this is going to cause a violation of the ILR requirements and he said no, the clock hasn't started. I asked if there's an issue with the fact the company currently has no sponsor license and he said it's okay because they've applied for renewal.
I got his name and designation, all I can do really but I've also arranged a meeting with a solicitor because I honestly don't trust the home office.

So I've had a firm yes and a firm no to the following questions depending on who I end up talking to at the HO helpline :
- Will working during the sponsor renewal cause a problem?
- Will not working for 60 days affect my ILR application?
- Has the time period from when I have to look for a new sponsor already started or will it start from the day I receive my curtailment letter?

Once again, thanks everyone for the advice. It helped me ask the right questions though I'm still not completely sure the HO isn't planning to pull the rug out from under me come time for the ILR

Hi please can you let me know if your company is able to renew license and how long it took ? Thank you

[PinnyThePooh]

I think it was less than 2 weeks for the company to get registered as a sponsor again.
However, when they applied for another license, the HO said they don't need to sponsor me again since I'm in the same job position as before.
I insisted on talking to the sponsor helpline guy and they assured me that I didn't have to redo my application.
Then they sent an email confirming that my status had been updated with the new Sponsor number and that I can continue working. This took in total 3-4 weeks.

If you're in the same position, I would strongly suggest you get your sponsor to call the helpline and talk to them about the situation. Each scenario is different and they are flexible with solutions.

[cheeryandhopeful]

Hi PinnyThePooh

I was trying to send a personal message to you but for some reason I was unable to.

I was going through this forum as my recent ILR application was rejected and found that you were in the same boat as me a few months ago. So my employer's licence expired in July last year and they failed to renew because of personnel changes and lack of proper information about the licence.

I applied for my ILR in January not knowing that the licence had expired and my ILR was refused. My employer has now applied for a new licence. It would be great help if you can share your experience on the following matters:
what were your next steps once your employer made their licence application. Did you have to stop working in the time they were applying?
Did you have to add additional documents to your new ILR application
Did they have a assign a new CoS to you (like in Tier 2) or did you simply reapply with the new licence number.

Any other advice will be deeply appreciated.

Thanks

[CR001]

Hi PinnyThePooh

I was trying to send a personal message to you but for some reason I was unable to.

I was going through this forum as my recent ILR application was rejected and found that you were in the same boat as me a few months ago. So my employer's licence expired in July last year and they failed to renew because of personnel changes and lack of proper information about the licence.

I applied for my ILR in January not knowing that the licence had expired and my ILR was refused. My employer has now applied for a new licence. It would be great help if you can share your experience on the following matters:
what were your next steps once your employer made their licence application. Did you have to stop working in the time they were applying?
Did you have to add additional documents to your new ILR application
Did they have a assign a new CoS to you (like in Tier 2) or did you simply reapply with the new licence number.

Any other advice will be deeply appreciated.

Thanks

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