Sponsor licence delay causing problems!

[johnjkjk]

Has anyone had a sponsor licence granted recently? When was your application made?

It's been several months since our initial application. The UKBA agreed 6 weeks ago to process it 'urgently' after it transpired that our most recent application had been sitting around awaiting a caseworker (and after they had 'lost' our previous application), but still no licence in sight! They have confirmed they don't need any more paperwork. They claimed last week that it was 'ready to be sent out', but they've since been mute on the subject and keep asking to email (to which they send out a generic reponse). My visa runs out in a week and things are getting a touch hairy!

Would the UKBA deliberately delay a sponsor licence if they knew that it would lead to the migrant having to leave the country and not be able to return under the new 'cooling off period'? Apart from being unethical, would this be illegal? The sponsor register is updated daily and only 4 sponsors have been added to the list in the past 7 working days- hardly a sign of a 'mad rush'.

I'm the head of an engineering department on a good salary and I'm critical to my organisation; hardly your run of the mill kebab shop waiter which they seem to champion, if one goes by the sponsor register list!

[manci]

I don't think the delay is deliberate, it is just the year end and they are overwhelmed. (All existing Tier 2 sponsor licence allocations have to be renewed, if requested, or set to zero as of 6 April).

Ask HR to send an email to scoc@ukba.gsi.gov.uk requesting urgent treatment explaining the circumstances and giving the full background including the fact that you are a key member of staff.

It often helps to have something in writing rather than just telephone calls.

[johnjkjk]

Thanks for your reply. Requesting urgent treatment by email is precisely what we did, and as stated they agreed to treat it urgently 6 weeks ago. My employer has sent emails explaining how critical I am to their organisation, asking for some indication of timescales at the very least.

I don't believe that they're experiencing unusually heavy application load, my sources have revealed privately that files can sit around awaiting signatures and that a select percent of cases are randomly selected for review by a lead caseworker, leading to further delays. From output wise, they're approving 2 a week and with regards to licence renewals, it's just incorrect that all licences need to be renewed at this time, A rated sponsors are typically valid for 4 years from date of approval. And CoS allocations are handled by a different team.

Delaying on purpose is probably far fetched, but given the bureaucrat nightmare that we've been through and the government's focus on tightening the noose on skilled migrants, I wouldn't be surprised if there was tacit approval of such practice.

[johnjkjk]

If staff are indeed busy, I would attribute this to E&C operations. They have revoked as many licenses as they have granted in the past week.

[manci]

Thanks for your reply. Requesting urgent treatment by email is precisely what we did, and as stated they agreed to treat it urgently 6 weeks ago. My employer has sent emails explaining how critical I am to their organisation, asking for some indication of timescales at the very least.

I don't believe that they're experiencing unusually heavy application load, my sources have revealed privately that files can sit around awaiting signatures and that a select percent of cases are randomly selected for review by a lead caseworker, leading to further delays. From output wise, they're approving 2 a week and with regards to licence renewals, it's just incorrect that all licences need to be renewed at this time, A rated sponsors are typically valid for 4 years from date of approval. And CoS allocations are handled by a different team.

Delaying on purpose is probably far fetched, but given the bureaucrat nightmare that we've been through and the government's focus on tightening the noose on skilled migrants, I wouldn't be surprised if there was tacit approval of such practice.

It is not the sponsor licences that are renewed every April but the CoS allocations. Sorry if I have not made that clear.

[johnjkjk]

It is not the sponsor licences that are renewed every April but the CoS allocations

Sure, but to my knowledge, CoS allocations are handled by a separate team, albeit in the same section.

[sussexguy]

It is not the sponsor licences that are renewed every April but the CoS allocations

Sure, but to my knowledge, CoS allocations are handled by a separate team, albeit in the same section.

Hi,

Have you received the CoS now? If this is the case, I would be very grateful if you could let me know when did you apply for the sponsorship licence and when did you receive it.

Regards,
S

[johnjkjk]

Sponsor licence came with initial allocation. Applied Feb, decision time 7 weeks (actually the decision was made within 3 weeks as per the date on the decision letter).

[sussexguy]

Sponsor licence came with initial allocation. Applied Feb, decision time 7 weeks (actually the decision was made within 3 weeks as per the date on the decision letter).

If I have understood you correctly, it means sponsor licence was applied by your employer who could then issue you with a CoS? Did you need to go down the route of advertising your role or was it in exemption category?

Regards, S

[sweetuno]

[quote="johnjkjk"]Sponsor licence came with initial allocation. Applied Feb, decision time 7 weeks (actually the decision was made within 3 weeks as per the date on the decision letter).[/quote]

Hi there,

Just wondering did your company apply by themselves or did they use legal representative to apply on their behalf? As my company sent the application for Tier 2 General sponsor licence on 23/02 (did it by themselves) which should be around the similar time as your company, and it's been 8 weeks we still haven't heard from UKBA, I'm a bit worried now but don't know how to get UKBA to escalate the process. My company sent them an email to chase on status update about 3 weeks ago and they only replied with generic answer saying our application is being processed however there is delays etc... and they can't provide status update...

Any help on this matter will be much appreciated!

Regards, Sweetuno

[johnjkjk]

They can only expedite the application if you have a good reason for it- eg. if the migrant has to leave the country within a week if he doesn't get a CoS and can't reapply for Tier 2 for a year under the cooling off period. If you're not in that a desperate position, then it's a waiting game I'm afraid, even if it's touch and go; the would only prioritise an application if its really really urgent.

[GB12]

Hi I had a similar situation and UKBA delayed the application process and my company could not issue me a certificate before my visa expiry date that was 3rd may 2012. Now they managed to get hold off a CoS on 4th may and i applied online on 4th may (just 1 day late). in the on-line application i correctly put that i have breached the conditions of leave and gave the reasons for that. I will be sending my supporting documents within the 15 days period. On the phone calls UKBA accepted that it is their fault and they will accept a late application from me and will not class me as an over stayer. however they haven't given anything in writing in this regard. I'm not worried about getting an extension, if i don't then will get 28days to leave UK. I'm happy with it... my worry is:-

1. do i have to say "yes" to the questions like 'have you ever stayed illegally in any country' or 'have you ever breached any immigration rules' or similar sort of questions in my future applications to any other country including UK. if so then how should i deal with it. Company or UKBA or both responsible for this because i'm on tier-2 ICT visa. so what document i should collect from my company or UKBA which will help me deal with this type of questions.

2. The company HR has given me a cover letter detailing all the phone or email communication done with UKBA. But that letter has come from a different office and it is on the company letter head without the signature of the authorized person. is it approprite to send a cover letter without the signature even though it is on the company letter head?

[manci]

On the phone calls UKBA accepted that it is their fault and they will accept a late application from me and will not class me as an over stayer. however they haven't given anything in writing in this regard. ?

Write a letter to UKBA givng them all the details and ask them to confirm what they said on the phone.

[GB12]

On the phone calls UKBA accepted that it is their fault and they will accept a late application from me and will not class me as an over stayer. however they haven't given anything in writing in this regard. ?

Write a letter to UKBA givng them all the details and ask them to confirm what they said on the phone.

We asked for that but the adviser we were talking to simply denied, saying it will take months to get any sort of reply from UKBA. so we didnt pursue that further

[manci]

The wheels of UKBA grind slowly and the adviser was probably trying to fob you off (or may be he/she was unsure of the rules) but if you write to them they will eventually reply.

When you write include the date and time of your telephone conversation and the name of the adviser (if you have this information) because all telephone calls are recorded.

[GB12]

The wheels of UKBA grind slowly and the adviser was probably trying to fob you off (or may be he/she was unsure of the rules) but if you write to them they will eventually reply.

When you write include the date and time of your telephone conversation and the name of the adviser (if you have this information) because all telephone calls are recorded.

Exactly they asked us to write all those information including the advisors names on those phone calls and send along with my application to them, which I will be sending on 8th. I have done the online part on 4th may. visa expired on 3rd may.

I'm much worried about the future applications to UK or any other country. AS said i have already breached the immigration rules by over staying 1 day. if UKBA considers their mistake then they will extend my visa. so done and dusted.

But what about my future applications? what do you suggest me to collect as evidence for future reference, so that when i say in my visa application to any other country, that i have breached the immigration rules in 2012 but can provide evidence that this was the reason at the time which was beyond my control. because i might not be working for the same company at that time and they might not entertain my request to issue a letter. so do you think i should be prepared for that as well?? or I'm just un necessarily worried about the future applications?

[manci]

I would suggest that you wait until UKBA respond. It all depends on whether they record the 1 day delay in your application as an overstay or not. If they confirm that they did not do so then you have not been overstaying and don't need to declare an overstay in any future application.

[GB12]

I would suggest that you wait until UKBA respond. It all depends on whether they record the 1 day delay in your application as an overstay or not. If they confirm that they did not do so then you have not been overstaying and don't need to declare an overstay in any future application.

.

That's excellent. thank you so much.

is there any way I can make sure that they don't record that 1 day delay as over stayer? i meant any more supporting document from company or something apart from the cover letter which shows all the details?

b) how do i know whether they have or havn't recorded this 1 day delay as oversatyer? are they going to tell me while sending my visa?