Tier 2 Sponsor License refusal

[hasfa.yasir]

Dear Moderators and fellow members,

I need your urgent help with the situation I am going through. I have been offered a job with this company who haven't got the Sponsor license. This company just finished their RLMT and selected me as a suitable candidate. Next step for them is to apply for the sponsorship license where they will mention that they have had RMLT test and got one candidate(i.e myself) selected for the Job. I am already on tier 2 visa with my existing company and have 28 days notice period. This new company wants me asap(i.e one month). I am wondering how long will it take for this new company to get the license. This company told me that they had license before but didnt renew it as there was no need for them to keep the license at that time(though they did sponsored few people but when they left the company, they decided not to renew the license). now, the questions I need answers for are :

1.Since they had license a few years ago, will this new application will speed up the process to get the license back again?
2.Can I resign and wait for them to get the license and use the same day service application to get my visa changed?- The reason why I want to resign before I get my Visa changed coz the company wants me to work for them at my earliest and honestly, I dont want to loose this golden opportunity by telling them that it will take me one more month after I get the Visa changed?
3.If God forbid, there happen to be some delays in this process, it takes longer than 30 days and I would be done with my notice period, can I do supplementary work(20 hrs per week) for this company( since the Job is for the same SOC code ) untill my visa gets changed?

look forward to hear from you soon.
Many many thanks

[CR001]

A license can take a couple of months.

You should Not resign until you have your new visa.

No you cannot do supplementary work if you are no longer working for you current tier 2 sponsor.

[hasfa.yasir]

Thanks CR001

one question for you, My Husband is on my dependant Visa where his leaves expires on 01/07/2019 and since you know I am waiting for my sponsor to get the license before I could do change in employment application, my Question is whether my husband also would need to apply for the new visa with me or his Visa would stay the same and doesn't need to do anything until his Visa expires?

Also, I have already paid for health surcharge until my visa expiry 01/07/19, would I need to pay it again or I am already covered as I would only be apply for 1 year until or before 01/07/19. Bear in mind I can't extend further than this date on tier 2 as my 6 years on this Visa would finish around that time.

Many thanks for your help

[CR001]

one question for you, My Husband is on my dependant Visa where his leaves expires on 01/07/2019 and since you know I am waiting for my sponsor to get the license before I could do change in employment application, my Question is whether my husband also would need to apply for the new visa with me or his Visa would stay the same and doesn't need to do anything until his Visa expires?

No, he does not need to apply with you.

Also, I have already paid for health surcharge until my visa expiry 01/07/19, would I need to pay it again or I am already covered as I would only be apply for 1 year until or before 01/07/19. Bear in mind I can't extend further than this date on tier 2 as my 6 years on this Visa would finish around that time.

You need to pay IHS with each application you make.

[hasfa.yasir]

one question for you, My Husband is on my dependant Visa where his leaves expires on 01/07/2019 and since you know I am waiting for my sponsor to get the license before I could do change in employment application, my Question is whether my husband also would need to apply for the new visa with me or his Visa would stay the same and doesn't need to do anything until his Visa expires?
No, he does not need to apply with you.

So he can only do his application to extend his stay close to his Visa expiry. As he came to the UK on 30 march 2015,so for indefinite, he would need to extend his visa for 1 more year to apply for ILR, right?

Many thanks for answering promptly.

[CR001]

So he can only do his application to extend his stay close to his Visa expiry. As he came to the UK on 30 march 2015,so for indefinite, he would need to extend his visa for 1 more year to apply for ILR, right?

It will be a 3 year extension. He cannot apply for a lesser visa duration. He can also only apply for ILR if you apply for ILR based on 5 years PBS route.

[hasfa.yasir]

So he can only do his application to extend his stay close to his Visa expiry. As he came to the UK on 30 march 2015,so for indefinite, he would need to extend his visa for 1 more year to apply for ILR, right?

It will be a 3 year extension. He cannot apply for a lesser visa duration. He can also only apply for ILR if you apply for ILR based on 5 years PBS route.

Yes I will be applying for ILR this year in July(if all goes well) so I believe he can apply in 2020 for ILR after extending his Visa in 2019

thanks for your help

[CR001]

If he meets the requirements, then yes.

[hasfa.yasir]

Thanks CR001

My new employer told me that they had a visit from the compliance officer this Monday. what will happen next? and how long can we expect more to get the license in hand?

Many thanks

[hasfa.yasir]

Dear All,

Tier 2 License refused. Please see below reasons letter stated regarding the refusal:

"Our decision

Your application for a Tier 2 General sponsor licence has been refused.

Paragraph 1.4 of the Tier 2 & 5 Sponsor Guidance 01/18 states that sponsorship plays two main roles in a migrant’s application for permission to come to, or remain in the UK to work or study:

• it provides evidence that the migrant will fill a genuine vacancy that cannot be filled with a suitably qualified or skilled settled worker, or that they will be studying for an approved qualification.

• it involves a pledge from the sponsor that it accepts all of the duties expected when sponsoring the migrant."

they think the vacancy posted was not genuine and the post was actually for a book keeper code 4122 rather than of a qualified accountant SOC code 2124 and also, compliance officer misunderstood the fact that interviews were conducted as all members who applied for the role were not qualified by experience but one of them was qualified by qualification. so they proposed by saying that at least one member was ACCA qualified , why didn't you selected him on board. Our HR manager told the compliance officer during the compliance visit that no interviews were conducted apart from the applicant who got selected as she was qualified by experience and qualification both so there was no need to interview this Qualified Accountant who only had the qualification and not the experience. The job advert clearly stated that the person must be having relevant Industry experience with ACCA qualification.

Our solicitors are sending a Pre-action protocol letter to the Secretary of the state of Home office to reconsider the decision. Wonder if any one had the experience to get the Sponsor License granted after the PAP letter?

Look forward to hear from you soon.

Many thanks

[CR001]

Our HR manager told the compliance officer during the compliance visit that no interviews were conducted apart from the applicant who got selected

So the proposed sponsor did RLMT process advertising but only interviewed YOU and none of the other applicants???

[hasfa.yasir]

Our HR manager told the compliance officer during the compliance visit that no interviews were conducted apart from the applicant who got selected

So the proposed sponsor did RLMT process advertising but only interviewed YOU and none of the other applicants???

Yes, only me due to the fact that no other candidate had the relevant experience. we also sent/emailed CV's of other candidates to the compliance officer on her request.

[CR001]

This might give HO the view that you were entirely pre-selected and the job ad tailored specifically around you to exclude all others.

[hasfa.yasir]

but there are some extra tasks on the Job Advert which are new to me but my experience was matching the most as per the Job advert. All this process was genuinely done and would say that I was Lucky that no other candidates were matching my experience. How can we assure Home office of this?

[silverocks]

This guidance might give you some ease:
" 28. The resident labour market test is there to protect the settled workforce and
means that you must advertise the job you want to recruit for to give settled
workers a chance to apply. You can only recruit a migrant if either:
• you have completed a resident labour market test in accordance with this
guidance and can show that no suitable settled worker is available to fill the
job
• the job is exempt from the resident labour market test
28.1 A suitable settled worker means any settled worker who has the skills and
experience you are seeking. If you find that you have more than one candidate
with all the necessary skills and experience you advertised for, where one is a
settled worker and the other is a migrant, you must appoint the settled worker
even if the migrant is more skilled or experienced. The only exception is if the
job falls within one of the PhD level standard occupation classification (SOC)
codes listed in Table 1 of Appendix J of the Immigration Rules; when you can
appoint a migrant if they are the most suitable candidate. "

[hasfa.yasir]

This guidance might give you some ease:
" 28. The resident labour market test is there to protect the settled workforce and
means that you must advertise the job you want to recruit for to give settled
workers a chance to apply. You can only recruit a migrant if either:
• you have completed a resident labour market test in accordance with this
guidance and can show that no suitable settled worker is available to fill the
job
• the job is exempt from the resident labour market test
28.1 A suitable settled worker means any settled worker who has the skills and
experience you are seeking. If you find that you have more than one candidate
with all the necessary skills and experience you advertised for, where one is a
settled worker and the other is a migrant, you must appoint the settled worker
even if the migrant is more skilled or experienced. The only exception is if the
job falls within one of the PhD level standard occupation classification (SOC)
codes listed in Table 1 of Appendix J of the Immigration Rules; when you can
appoint a migrant if they are the most suitable candidate. "

Thanks Silverocks for your reply. Like I said, we can let them know through CV's of Candidates applied that they were not matching the selection criteria apart from me and on that grounds, no suitable settled candidate was available to apply for the job and hence why, the job was offered to me.
Only thing which concerns me if HO really take PAP letter seriously? and do they even reverse their decision if a strong evidence is provided with the letter? We took advice from a renowned Barrister and he told us that it is 50-50 but on the optimistic side.

Fingers crossed!

[silverocks]

Please do let us know if HO take any notice of the letters and good luck to you.

[hasfa.yasir]

Sure will do.

thanks