Travelling outside UK when sponsor name isn't listed on registered sponsors

[Shah1698]

Hi there

I need to travel outside the UK next month, but I can't find my sponsor name in the registered sponsors list

My sponsor had ICT and general licences but our HR isn't aware of anything. The company name isn't there. It is a big Europian company. Not sure if Brexit affected??

I checked my BRP status on the home office website, it shows valid until the end of June this year. I haven't received any letter from the home office either. They have my correct address.

I am not sure if I can travel in this situation. I'd be grateful if someone could advise, please? Thanks

Shah

[poper]

That's strange. Can you check you sponsor name in your COS. Maybe its listed differently

[Shah1698]

Thanks for the response. The name was available in the archive list dated last July but not in the recent list, I have been checking it since 4th Jan 2021 every day. I checked all possible names including the one which is in COS too

[Frontier Mole]

There are a whole range of reasons a company name would not appear on the sponsor register. The fearful ones include currently suspended or worse still revoked. Given it is a large European company those options are unlikely.

They may have changed name, merged, been taken over, decided to group the companies under a single licence, split the company into different divisions... this list is not exhaustive.

If the company was suspended you can still travel and return readily and legally.

If however the suspension was to become a revocation while you are out of the country you would not be allowed to re-enter on your return.

If the licence has been revoked and you leave you can not return even if your visa states it is still valid or the fact you have not been served with a curtailment notice.

I am sure that there is a simple explanation and not suspension or revocation. Your HR team should / would know.

[Shah1698]

Thank you so much for the useful information, Frontier Moie, it is much appreciated.

Our new HR manager is useless and is not taking this matter seriously. I didn't receive any curtailment letter and my BRP still shows being valid (until original end date) on the Home office website.

I don't think licence may have revoked as it £3b revenue company, whose headquarters is in Europe and offices across the world, and I am the only sponsored employee.

I checked the company details on govt. website, it shows headquarters address not UK address

I will chase my HR to get the update.

I have completed 5 years and 4 months on Tier 2 general visa. I am due to apply for ILR soon. I am worrying this could affect my ILR?

[Frontier Mole]

There is another worrisome reason that they are not on the list.... their licence has expired and they have not renewed.

That is probably a very likely scenario if you are the only migrant on the books....

This happens more frequently than you would imagine especially in the large companies where it is easy to overlook.

[Shah1698]

Thanks again, Frontier Moie. Yes, your guess was right. HR confirmed today that the licence was expired in Sep 2020 and they weren't aware of this until today.

HR said they have to apply for a new licence. They will start this process today. I am not sure why can't they just renew it.

I am more worried now, I would be grateful if you advise me for the following, please?

Can I still travel outside the UK and return, if sponsor licence is expired?
Can I still apply for ILR?
Does this break my 5-year residency period in the UK on Tier 2?

Thank you.

[Shah1698]

Please read my previous post, if not done so.

What I understand by this info from gov.uk website (see screenshot below) is that I will be allowed to return to the UK. However, my visa may be cut to 60 days this still didn't happen as I checked the home office website, it still shows actual visa end date.

For those not travelled yet and their sponsor licence is expired, (for first-time travellers), they cannot be allowed.

Since I already travelled and in the UK, can I travel and return to the UK as per this? Could you please let me know as this is essential travel? Did I understand correctly?

Can I still travel and return?

[Frontier Mole]

If you travel you will be refused entry as the Sponsor licence is no longer valid.

The curtailment 60 days action applies only if you are in the UK and have formerly been served notice. If you are already outside the UK or travel outside the UK regardless of a formal curtailment your visa is automatically voided by default.

The ILR side of things is complex but at this particular point you are ok and inside the scope. My advice is not to leave the UK until your employer becomes licensed again. There is scope to maintain your continuous residency if you left and could not return but it is complex and risky to consider that at this stage.

Right now as your employer is not licensed you can not apply for ILR.

Your employer has no choice but to reapply for a new licence, you can only renew if you apply before the expiry date. Given the circumstances they could ask UKVI to allow the new application to be treated as a renewal but it is entirely up to UKVI to grant that concession.

[Shah1698]

Thanks for the advice, Frontier. I really appreciate that. I cancelled my travel plan as I don't want to take any risk in this situation.

My HR is going to apply for a new licence this week. I am worrying I have been working while licence is expired (when I shouldn't) so will home office agree to approve the licence? Did they fail in compliance? yes they did but this was a genuine mistake but neither I nor my employer aware until the last week

It is a big multi-billion company listed in London stock exchange too. I hope the home office would approve it as they are not likely to do this intentionally. But rules apply to all, equally

Once they get the licence, do I have to make a new Tier 2 application? I already completed 5.4 months on Tier to general visa.

Does it affect my ILR in any way, in the future? I got everything ready to submit my ILR but suddenly this unfortunate thing has happened.

[Shah1698]

My employer has applied for a new licence on Monday. Reason for applying for sponsorship is to continue my employment with them. I am still working for them. They gave reason for not renewing on time was due to staff changed last May 2020 when the previous HR manager went on maternity leave and the new HR manager wasn't aware of the sponsor licence.

Also due to covid, they are working from home from last April, the renewal reminders went to previous HR email and it is temporarily not in use.

My employer is a multi national company over 11,000 employees working across the world. I am only the person they ever sponsored when they acquired our previous company in 2017.

It was done by TUPE, my previous company licence made dormant and I was just transferred to them in 2017

What are the chances of getting their sponsors licence and moving my visa to a new licence? Any thoughts please?

[manci]

Can I still apply for ILR?
Does this break my 5-year residency period in the UK on Tier 2?

As Frontier Mole said. you cannot at present apply for ILR because the sponsor in your most recent permission is no longer approved by the Home Office to sponsor skilled workers.

However, you haven't broken the continuous residency rules because of this. The sponsor failed to renew its licence last September and in the past 5 months UKVI hasn't issued a curtailment letter to you (assuming they have your correct address which you might as well check). Your permission of stay continues to be valid.

Your sponsor's position is quite different, they are and have been in breach of the rules by employing you without a licence. On receipt of their application for a new licence UKVI will decide how to handle this. Hopefully they will not refuse the application and you will be able to continue working for them.

[Shah1698]

Thank you so much Manci. Your response was very helpful to understand my current ILR chances. The home office has my current address and my BRP is still valid. I checked on the Home office website, so I think no curtailment has ever received or issued.

My wife and kids are currently outside the UK, do you think they will have any problem reentering the UK if they come next week? is there anything I can do to help them in this situation?

I checked their BRPs too on the Home office website, https://right-to-work.service.gov.uk/prove/id-question. All seems to be ok.

[manci]

If you travel you will be refused entry as the Sponsor licence is no longer valid.

This is also my understanding but I have no direct knowledge of how Border Force would react in the case of the dependants of somebody who has permission to stay in the UK albeit his sponsor has currently no licence.

It would be helpful to have Frontier Mole's opinion.

What I would suggest is to have a letter from HR addressed to the Chief Border Force Officer at xxx airport explaining the situation (oversight not renewing the licence in time, new application for a licence already submitted) and to email it to your wife so that she can present it at the UK border if questions are asked.

If you have difficulties with HR producing such a letter quickly escalate to management, after all the whole situation arose through the company's omission to renew their licence.

[Shah1698]

Thanks again for the quick response, Manci. I really appreciate that. I will ask my HR if the licence wasn't approved by that time.

[Frontier Mole]

Do not travel or let your dependents travel until you have written confirmation from UKVI that either the existing COS has been transferred or that you have to get a new visa.

I am expecting the former rather than the later to be the circumstance.

[Shah1698]

Thanks Frontier, much appreciated.

I have been reading the guidance available on gov.uk website, on what could possibly go wrong should my family decides to return to the UK in this situation, in the worst-case scenario.

As per this link - https://www.gov.uk/ask-for-a-visa-admin ... the-border

As their circumstances are changed, their visas may be cancelled at the border and will be given 14 days of temporary admission and administrative review option.

I don't want to take this risk, but just want to know how this affect for following, if a temporary admission is granted at the border.

1. Does the temporary admission affect continuous residency? They already finished 5 years on PBS dependent visas and are eligible to apply for ILR when I sort of my employer sponsor licence.

2. Will they be able to make a new application for (skilled worker, PBS etc) while on a temporary admission and their eligibility of ILR remains unaffected if new leave is granted and it does not break the continues residence condition?


I would be grateful if you could advise on this, please?

[Frontier Mole]

When a sponsor licence expires or is revoked it will automatically curtail any individual that is the main visa holder or dependent on the licence if that individual is abroad. The curtailment is deemed served and no notice is required for those overseas. While your checks with the BRP may show they remain valid it may show an entirely different set of circumstances at the internal information systems available at the border.

Technically if your family arrive at the airport they can be refused outright and returned home, there are less harsh actions but they are concessions. They could offer Temporary Admission which is a way of landing passengers that may be able to resolve their immigration status however this has a limited scope. If the BF officer grants this it does not mean they have been allowed to remain, just that a period of time has been granted to seek a method to remain officially. That will be based on their view of the circumstances and the likelihood of the matter being resolved in a reasonable / realistic timely manner.

The risks involved in your family traveling and their reception at the border can not be predicted. Best case scenario they somehow go straight through or are granted temporary admission, worst case they are denied entry and returned home.
I think it is unlikely that the worst case will happen but no one can guarantee that.

[Shah1698]

Thank you so much for quick response, so if the temporary admission is given, does this affect their continues residency?

[Frontier Mole]

Due to the various possibilities and looking at it in the round it is very unlikely to impact their continuing residency. However until they are landed with a confirmed immigration status there is no surety.

As an example - what happens if your employers licence is refused and you are deemed as an illegal worker. I doubt that is likely to happen but if it does the whole landscape changes.

Caution and being risk adverse would be a better option. Why risk everything when waiting is likely to be the best option.

[Shah1698]

Thanks, Frontier for the helpful advice from time to time. I will wait until the sponsor licence is sorted out. I asked my family not to travel until this is done.

[Shah1698]

Hi Frontier and manci, thank you again for your help so far.

Today, I have received an update from HR that their sponsor licence application is approved. Is it okay if my family travels back to the UK as my sponsor got the licence but with new number?

[Frontier Mole]

There are never guarantees that everything will be ok at the airport however I am reasonably confident that they will be granted leave to enter.

[Shah1698]

Thanks Frontier. I will keep you updated when my family travels back.

Home office knew that the sponsor licence applied for keeping me employed. My HR sent my recent payslips etc at the time of applying for a licence.

I was only the employee they ever sponsored. Does my HR need to do any further action? would my visa have transferred automatically to the new licence when the application was approved? or should my HR do this manually?

Any help will be much appreciated.

[hannan16195]

Hi All,

My Employer Licence was expired on 25 January 2021 and they have to apply for a new one. on 5th March 2021, they got a new licnece. The new license has no employee record.

My question is about my Visa. Do I need to apply for a new visa or home office can transfer the old cos to the new license.