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Urgent HELP! - Waiting for Sponsorship licence approval

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

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Phoebe
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Joined: Tue May 08, 2012 12:27 am

Urgent HELP! - Waiting for Sponsorship licence approval

Post by Phoebe » Tue May 08, 2012 2:12 am

Help - My case is a bit complicated.

I currently hold a 5yr old style work permit due to expire in August 2013. I was made redundant from my old job in mid Jan., 2012 but secured a new job in Dec., 2011 through a recruitment agency. However, my new employers did not apply for a sponsorship licence until the 20th of January and due to a missing signature on one of the forms, they had to resent on the 20th of February.
My new employers are yet to receive the application approval, which means I have stayed beyond my 28 days required on my work permit visa. I have now been out of work for 4 months and still counting.
I sort advice from a solicitor who asked me to send a letter to the home office before the end of my 28 days out of work to explain my situation which I did.

Can anyone please advice on the following;
- When the sponsorship application is finally approved and I apply for my visa, will I be ok to apply from within the UK?
- Also, will the break of over 4 months affect my application for indefinite leave to remain next year? Thanks a lot!!!

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Urgent HELP! - Waiting for Sponsorship licence approval

Post by manci » Tue May 08, 2012 9:31 am

Phoebe wrote:Help - I have stayed beyond my 28 days required on my work permit visa.
Is the "28 days" actually noted on your visa or has your visa been curtailed?

see also topic http://www.immigrationboards.com/viewto ... highlight=
which raises similar questions.

Phoebe
Newly Registered
Posts: 20
Joined: Tue May 08, 2012 12:27 am

Post by Phoebe » Tue May 08, 2012 10:22 am

Thanks for replying. My visa does not state the 28 days on it but looking online revealed that a work permit holder only has this amount of time between jobs. I have however sent a letter to the HO letting them know my situation so as not to be classified as an overstayer. My visa is still valid till August 2013.
I have had a look at the similar post and sent a message to the member to find out how they got on with their situation.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Tue May 08, 2012 2:06 pm

Phoebe wrote:. My visa does not state the 28 days on it but looking online revealed that a work permit holder only has this amount of time between jobs. .
Could you please provide the online reference you found for the 28 days?

The rules relating to work permit holders are no longer readily accessible and unless there is some information or rule to the contrary I would suggest that your current leave remains valid until such time as UKBA curtail it or yiou get a new leave based on a new CoS.

Since you wrote to UKBA telling them about the loss of your old job and the prospect of the new one you should be in the clear. If they want to curtail your leave they will but in view of the actual situation they may not.

Phoebe
Newly Registered
Posts: 20
Joined: Tue May 08, 2012 12:27 am

Link to the 28 days reference

Post by Phoebe » Wed May 09, 2012 12:16 am

Please find below a link referring to 28 days. To be honest, i may have heard this 28 days thing from a solicitor or a friend as i don't seem to know where to find it. I was of the impression that I'm not allowed as a work permit holder to be out of work for more than 28 days. The link below however refers to 28 days period for an application to be put in to the HO, which i'm now assuming is for the sponsorship licence. Please clarify, thanks.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

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