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Tier 2 License Suspended . Need some advises!

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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dks
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Tier 2 License Suspended . Need some advises!

Post by dks » Wed Oct 25, 2017 12:23 pm

Hello,

My company Tier 2 license is suspended and my application (extension for another 3 years) is with UKBA now. (Submitted my application prior to my current visa end date [06-10-17] )

As the license is suspended, the application is on hold now. In case of a revoke, will UKBA send my passports to me to try another sponsor? Or are they sending them to the airport?

Can you please provide any source of information?

Any help to resolve these issues will be highly appreciated!

Thank you!

Vivekvarma
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Re: Tier 2 License Suspended . Need some advises!

Post by Vivekvarma » Tue Oct 31, 2017 1:56 pm

UKVI will send you your docs and you will have time to find a new sponsor.

naveencandy8
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Re: Tier 2 License Suspended . Need some advises!

Post by naveencandy8 » Tue Oct 31, 2017 1:59 pm

Why its suspended. What is the reason.

dks
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Re: Tier 2 License Suspended . Need some advises!

Post by dks » Tue Oct 31, 2017 2:44 pm

Thank you for the reply. One had asked the same question and had received a different answer ( If the suspension is not sorted and is eventually revoked, then their application will be rejected and passports will be given at airport). The link is below. Hence I was confused. Can someone help?

uk-tier-2-employer-sponsored-visas/tier ... 41650.html

Thank you!

dks
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Re: Tier 2 License Suspended . Need some advises!

Post by dks » Fri Dec 01, 2017 11:45 am

If there is anyone who received a decision from UKVI after a company suspension, can you share the timeframe which took to get the decision? We have already submitted our answers ,supportive documents and its full 3 weeks after the submission. Still we didn’t get anything from them.

It would be great if you can share how long did that take you to get a decision and what was that decision? Are there anyone who got a revoke for the license while an application is on hold? (My current situation is that) Like to know what options you had?

Thanks in advance!

dks
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Re: Tier 2 License Suspended . Need some advises!

Post by dks » Wed Dec 13, 2017 4:10 pm

Hi,

Unfortunately our license was revoked and the company received the letter today. My application was processing for my extension (Now I don’t have more visa left). How long will it take for me to receive a letter from HO to go within 14 days or a 60 days curtailment?

Thank you!

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Re: Tier 2 License Suspended . Need some advises!

Post by CR001 » Wed Dec 13, 2017 4:13 pm

How long will it take for me to receive a letter from HO to go within 14 days or a 60 days curtailment?
If your visa has already expired, you won't get a curtailment letter as there is no visa to curtail. You will get a letter stating you have 14 days to submit an application you believe you qualify for.
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dks
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Re: Tier 2 License Suspended . Need some advises!

Post by dks » Wed Dec 13, 2017 4:36 pm

CR001 wrote:
Wed Dec 13, 2017 4:13 pm
How long will it take for me to receive a letter from HO to go within 14 days or a 60 days curtailment?
If your visa has already expired, you won't get a curtailment letter as there is no visa to curtail. You will get a letter stating you have 14 days to submit an application you believe you qualify for.
Thank you, CR!

Roughly how long you think it will take to receive this letter after company receiving the revocation letter?
Company received the revocation letter today.

Thank you!

dks
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Re: Tier 2 License Suspended . Need some advises!

Post by dks » Fri Jan 12, 2018 4:44 pm

@CR001

I’ve got a small question regarding my stay. Our license got revoked on recently while my application for the T2 extension was processing. Hence they put that on hold and still I haven’t got the curtailment letter (Or any letter from HO if I am not getting the CL as my visa already expired).

As I was looking for the options, I went to a solicitor and I got an advice and he told that my stay with the current employer is now not legal. (As my visa already expired and the license got revoked). He told me that I cannot have a salary paying tax to HMRC ? And it is illegal & this will affect my next application if I find another sponsor. What is your advice on this?

Thank you!

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Re: Tier 2 License Suspended . Need some advises!

Post by CR001 » Fri Jan 12, 2018 6:21 pm

Without a licence, your employer can no longer employ/sponsor you. Without valid leave to remain, you cannot work.

Your tier 2 will likely be refused now.
Char (CR001 not Casa)
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dks
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Re: Tier 2 License Suspended . Need some advises!

Post by dks » Tue Jan 16, 2018 12:34 pm

@CR001

As you told earlier, I’ve got the application refusal letter dated last week. Now I’ve got 14 days to apply for the AR if we believe it was made on an error. If I am not going for an AR, they are asking to leave the country. Is this the final letter which I am receiving in my case? Or after 14 days which they have given to go for an AR, will they be sending a letter to say I’ve got valid leave to remain until specific date?

As I couldn’t find another sponsor or any other option, will it be good to go for an AR and grab some time to find an option? If I go for the AR and gets rejected quickly (As there is no valid point), In case I could find an sponsor during that period, will that application be rejected /refused too?

I’ve been in student visa for once (BSc), PSW and level 7 (MSc/MBA) twice & completed 8 continous years in the country. Can you suggest any options which I cannot see!

Thanks again for all your support during this hard time.

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Re: Tier 2 License Suspended . Need some advises!

Post by CR001 » Tue Jan 16, 2018 12:53 pm

As your visa has already expired, there won't be any further 'curtailment letter' as there is no visa to curtail.

AR will be refused as you can't get a tier 2 extension if your sponsor licence has been revoked.

Do you have a spouse?

Have you been looking for another sponsor since last year or just waiting for this outcome???

You really don't have much time to do anything to be honest.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

dks
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Re: Tier 2 License Suspended . Need some advises!

Post by dks » Tue Jan 16, 2018 8:42 pm

@CR001

Thank you for all your support again. As soon as I heard the news of the suspension, I tried finding opportunities. But there was no luck in finding a sponsor. And as my passport wasn’t there with me and my wife, it was more difficult.

My wife is here with me. Tried finding a CAS / CoS for her too. But again the above issues were there. No one accepted us even for a discussion as we didn’t have a valid visa to show or our passports.

Seems its too late now as you say! My only concern was this line in the refusal letter. That’s why I asked about another letter. Or is this saying, If I am not leaving within next 14 days, will they take actions or something?

“You do not have to leave the united kingdom during the time period in which you may apply for administrative review. If you apply for administrative review you do not need to leave the United Kingdom until we decide your application. If you do not apply for administrative review, or extend your leave to remain on another basis, you will soon be given further notice that you must leave the United Kingdom”

Nice to hear from you!

dks
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Re: Tier 2 License Suspended . Need some advises!

Post by dks » Tue Jan 23, 2018 3:00 pm

@CR001

Really sorry again!

As you are aware of my case, now I need to leave the country without an overstaying stamp on my passport. These are the current incidents happened.

My T2 visa was expiring on 06/10/2017
Applied for the extension on 15/09/2017
Application refusal received on 09/01/2018 (Due to the company license revoke)
Applied for the AR on 22/01/2018 (Within 14 days period I've been given for the AR)

I am happy to leave the country voluntarily without an overstaying stamp on my passport. Can I call tomorrow (23rd Jan 2018) and ask the voluntarily leaving team to send my passports to the airport though I have submitted an AR? Will that leave mark as an overstay? ( I am concerned on this because, I am worried if an overstaying stamp will affect to my future applications for other countries too)

Happy to hear from you!

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