Tier 2(G)application sent without sponsor licence

[chathumac]

muhdkhokhar

I hope we will get it before december if not I will also have to apply without the license. I think this is normal current days and I am going to send an email to the UKBA today asking why the licence is still pending.

[gameover_786]

Hi guys,

My employer sent an email to UKBA requesting urgent treatment of our sponsor's application a week ago but they did not received a reply.
They just received an automated reply that someone will be in contact regarding they query in 2 to 3 days.

Do somebody gets a reply from UKBA on the same issue? if yes what email address did you use?

Your earliest response will be really helpful.

Thanks

[rehan01]

Hi gameover_786,

I dont knw what to say to you but i will say as advised by Chris change you address and inform ukba about it and as he mention they will repeat the same procedure again and will send you atleast 2 reminder like they did this time so you will have atleast another month and hopefully by than your company will have sponsorship license sorted.

@Chathumac

any update on you side regarding the sponsorship license please update us if you have any information

[UK-Tiers]

Hi guys, I have been reading almost all of your expereiences written here and thank you very much.
I need a clarification/ guidance. Apologies, if this question is not suitable for this blog.
My company applied for sponsorship licence end of July and as we know nothing happened yet, my visa is expiring in about month's time, reading se of the blogs here, I have now decided to post my application without CoS.
What I wanted to ask you guys is that:
1) Shall I write a long covering letter explaining my situation and a letter from my HR confirming the same?
2)I know there is a 95% chance that the application will be rejected and by that time I think it will be about 2 months (Nov - Jan), can I apply for an in country student visa? I have found a course I really like to do, would have been doing it part time if this Tier 2 process was a little quicker.
Thanks a lot for your time.
Regards
UK-Tiers

[chris_g642]

Uk_Tiers, yes you can apply for any tier, and for tier 4 as well, as long as you are in one of tier... you can switch your tier anytime you want... but We would like to know which Tier you are at this moment, that would help us alot more to understand your situation and advise you something more useful to you... Thanks

[UK-Tiers]

Thanks a lot for the response Chris
I am currently on PSW, and it's expiring in about a month. Like I said we are still waiting for a decision on our sponsorship application, I want o apply for tier 2 with out sponsorship approval and cos, I'm just interested to know when it will get rejected, say I get the rejection in January, can I apply for I country student visa? I have an offer letter from a goo university in London, wondering if I should apply now, or apply for tier 2 , wait for rejection and then apply for tier 4.
Hope this is clear.
Thanks again, much appreciated.

[gameover_786]

Hi Guys,

Different questions are going through in my mind at this difficult time.
There is no response as yet from UKBA on our urgent request and today was the last day for me to enroll for the bio-metrics as per the 2nd letter from UKBA for bio-metrics enrollment.

My question is if UKBA return my application now declaring it invalid due to unable to enroll for bio-metrics what option would i have then? will they give me a chance to reapply within a time period???

I will be grateful if somebody could reply to my question.

Thanks

[geriatrix]

Since Section M of the Tier 2 leave to remain application form is a mandatory section, your application should be returned to you as invalid unless you can provide the missing mandatory information before a decision on your application is made.
Providing biometrics by the specified date is also a mandatory requirement under law but failure to do so may either invalidate the application (fees refunded) or lead to a refusal of application (no refund of fees) and, if the Secretary of State so desires, you may be served a notice under section 9 of the UK Borders Act 2007.

If your application is returned as invalid, then you would be deemed an overstayer from 20-Aug (the day your most recent leave expired).

Under such circumstances:
1. With the introduction of new rule regarding overstayers from 01-Oct-12, an out of time application will be refused.
2. If you stay in the UK for more than 90 days after becoming an overstayer any entry clearance application(s) will be subject to 320(7B) and re-entry ban.

If your application is refused (and not deemed invalid), then you'll be subject to difference conditions and therefore possible course of action may differ.

[manci]

Since Section M of the Tier 2 leave to remain application form is a mandatory section, your application should be returned to you as invalid unless you can provide the missing mandatory information before a decision on your application is made.
Providing biometrics by the specified date is also a mandatory requirement under law .

this is the law, but as far as the administration of the law is concerned, and in view of the extraordinarily long times UKBA take over deciding sponsor licence applications, isn't the following a useful/practical suggestion to gain time for people with the promise of a CoS from an employer?

My strong recommendation is not to enroll Bio-metrics yet, if you dont appear for it within given 15 working days, they will send you 2 more reminders for 17 working days to 15 working days (which means 2 to 3 months easily)... in fact if you send them address change application after 3 bio-metrics invitations, they will again repeat the bio-metrics letters process 2 or 3 times which should give you more than at least 3 to 4 months if you want to hold your application without any decision or invalidation of your application... You can buy 3 to 4 months easily and you must get the CoS meantime so you can send it... Biometrics staff dont have a right to approve/refuse your application and unless untill you havent enrolled for biometrics they cant forward your application to caseworker for final decision but they will send you 3 to 4 times biometrics enrollment letters which you wont enroll untill you get your Cos... what maximum bio-metric staff can do is, after 3-4 months, return your file by invalidating it ... The best way to buy time...

[chris_g642]

Gameover, You still can hold them for about 2 more months as they might send you 2 more biometrics before invalidating you and dont worry much even if they return your application after 2 months from now, they will still entitle you with fresh application rights and since they have given you right to do so yes, you can reapply for the entry clearance but only one drawback that if you get refusal they wont be granting you with the rights to apeal!!

Second thing since you have been waiting for your decision, logically you cant be considered as overstayer and when you received your invalid letter with the right of submit a fresh application you can always reapply and your visa should be granted successfully if you meet the required criteria... but yes you might need a solicitor in future, specially at the point if your second/fresh application gets refused which possibly shouldn't not happen... anyways just keep updating !!

[geriatrix]

this is the law, but as far as the administration of the law is concerned, and in view of the extraordinarily long times UKBA take over deciding sponsor licence applications, isn't the following a useful/practical suggestion to gain time for people with the promise of a CoS from an employer?

My strong recommendation is not to enroll Bio-metrics yet, if you dont appear for it within given 15 working days, they will send you 2 more reminders for 17 working days to 15 working days (which means 2 to 3 months easily)... in fact if you send them address change application after 3 bio-metrics invitations, they will again repeat the bio-metrics letters process 2 or 3 times which should give you more than at least 3 to 4 months if you want to hold your application without any decision or invalidation of your application... You can buy 3 to 4 months easily and you must get the CoS meantime so you can send it... Biometrics staff dont have a right to approve/refuse your application and unless untill you havent enrolled for biometrics they cant forward your application to caseworker for final decision but they will send you 3 to 4 times biometrics enrollment letters which you wont enroll untill you get your Cos... what maximum bio-metric staff can do is, after 3-4 months, return your file by invalidating it ... The best way to buy time...

It is, but to a certain extent only. How much time one can buy is dependent on the internal policy in place at UKBA with regards to immigration rule 34A(v) and the time frame prescribed by the Secretary of State for this purpose. Delaying biometric information submission is possible because there can be valid reasons that an applicant may be compelled to do so. But to expect that this window will remain open until one chooses to close it is a myth and an assumption that can prove extremely costly.

I do hope that things work out for the OP.

[gameover_786]

Hi guys,

Some progress on my case at last. We got a reply from UKBA that they have passed on our application to the relevant department for consideration in reply to our urgent application request.

I have a question now if someone could reply that how long will UKBA takes from now one to decide the application. Will we get a decision within a week or so???


Thanks.

[hello world]

Hi, have you taken your Biometrics yet? If not, did you get third letter (2nd reminder) from UKBA, asking for your biometris?

Thanks.

Hi guys,

Some progress on my case at last. We got a reply from UKBA that they have passed on our application to the relevant department for consideration in reply to our urgent application request.

I have a question now if someone could reply that how long will UKBA takes from now one to decide the application. Will we get a decision within a week or so???


Thanks.

[rehan01]

Hi gameover,

any update since you received a last reply from UKBA informing you that your application is passed on to relevant department for consideration?

please update and also what have you done about to biometrics ?

have you enrolled or still delaying ?

please update on that too

i hope it will be all sorted soon

regards
Rehan

[gameover_786]

Hello,

You guys must be waiting for an update from me. Unfortunately i do not have any as yet. I am still waiting on both of my application (1st company's sponsorship and 2nd my tier 2 application ).

Fingers crossed i am hopping a response from UKBA this week, will update you guys as soon as i hear any thing.

Regards

[gameover_786]

Hello,

Finally an update guys. I have received a 3rd invitation from UKBA for my bio metric enrollment. They have given me an other 17 days to enroll. They only change this time is that they have sent me a recorded delivery.

No update on sponsorship application so fare.

I have spoken to a solicitor about my case and ask him about the options in case UKBA refuse/invalid my application. He told me that i will have 28 days in which i can submit a fresh application or leave the country. Can some body endorse this??

Thanks

[geriatrix]

If your current application is refused for not meeting the specified PBS immigration rules - then yes, it may be possible for you to make a fresh / new leave to remain application as a PBS migrant.
If your current application is deemed invalid - then no.

[geriatrix]

If your current application is deemed invalid - then no.

I would like to correct myself - having read through the statement of changes to immigration rules (HC 194) that incorporates the changes affecting applications from overstayers.

Where an applicant submits an application before their previous period of leave to enter or remain expires, but the application is rejected as invalid after their leave expires, the 28-day window in which the application may be submitted as an overstayer will start from the date on which the application was rejected, rather than when leave expired.

Though HC 194 includes changes mostly affecting family route migration, but with regards to application for leave to remain by overstayer the same rules apply whether one is making an application under family route or another category (e.g. - PBS).

Therefore, in either circumstances (refusal or invalid application), it appears that you should be able to apply for leave to remain within 28 days of becoming an overstayer.

[gameover_786]

Thanks Sushdmhta for your reply.

It means both ways i will have 28 days to reapply my application. I have one more question to ask if you could answer that after refusal/invalid application can i apply under other categories? or i have to apply for the same tier 2 (G).

Thanks once again.

[geriatrix]

Any category that allows 28 days overstay for a leave to remain application.

[gameover_786]

Hi guys,

At last an update on our sponsorship application. Our request for treating our application has been accepted so hopefully we will have a decision within a week.

Fingers crossed, i am hoping that we will get the licence this time and i can get out of this mess finally.

Cheers

[hashmil]

My strong recommendation is not to enroll Bio-metrics yet, if you dont appear for it within given 15 working days, they will send you 2 more reminders for 17 working days to 15 working days (which means 2 to 3 months easily)... in fact if you send them address change application after 3 bio-metrics invitations, they will again repeat the bio-metrics letters process 2 or 3 times which should give you more than at least 3 to 4 months if you want to hold your application without any decision or invalidation of your application... You can buy 3 to 4 months easily and you must get the CoS meantime so you can send it... Biometrics staff dont have a right to approve/refuse your application and unless untill you havent enrolled for biometrics they cant forward your application to caseworker for final decision but they will send you 3 to 4 times biometrics enrollment letters which you wont enroll untill you get your Cos... what maximum bio-metric staff can do is, after 3-4 months, return your file by invalidating it with Fresh Application right due to the absence of your 'bio-metrics' report they are waiting for!! which should be still in your favor... The best way to buy time... Thanks, Hope it helps

Don't know if anyone could shed some light regarding this. Chris_g642 above says that if you don't attend the enrolment in 15 days they stated that they will send a reminder again. I have received my letter for Biometrics, and it says in it that if i fail to enrol within 15 working days or contact with them with a valid reason that my application may be rejected as invalid.

Any info on this?

thanks,

[gameover_786]

Hi Hashmil,

the answer to your question is to read all my previous posts. i have survived 3 months without enrolling for bio metrics.

Hope its answer your question.

thanks

[chris_g642]

Hello Hashmil,
you don't need to worry about it since it just says the deadline of 15 working days from the day you receive this letter... but they are going to send such bio-metrics letters to you 4 to 6 times with 17 working days from the next letters... so you got plenty of time Friend! And also even if you still dont receive your CoS meanwhile, Their bio-metric dept would send you invalid application back, with the right of fresh application mentioning the reason (Absence of your Biometric Enrollment)... Thanks

[hashmil]

Hello Hashmil,
you don't need to worry about it since it just says the deadline of 15 working days from the day you receive this letter... but they are going to send such bio-metrics letters to you 4 to 6 times with 17 working days from the next letters... so you got plenty of time Friend! And also even if you still dont receive your CoS meanwhile, Their bio-metric dept would send you invalid application back, with the right of fresh application mentioning the reason (Absence of your Biometric Enrollment)... Thanks

Thanks, but the thing is my letter already states that they would refuse i am not able to attend for the biometrics. Which makes me believe that they won't send another request. Or am i looking too much into this?