Continuing work - sponsorship licence is not renewed/revoked

[london1118]

Hi All

My sponsor has emailed me saying: Our licence ended on the 1st of October, and we will therefore cease to employ Tier 2 workers.

They are not taking calls, so I can't confirm if it ended it's validity period and wasn't renewed or was revoked. From the context of the email, it sounds like it was revoked:

Over the last 4 months we have met with and corresponded with the Home Office to address differing interpretations of the Tier 2 and Tier 5 policy guidance specifically direction and control of migrant workers whilst on client assignment. Having failed thus far to reach agreement we have ceased to be an active Sponsor.

In either scenario, do I go to work on Monday and continue working until my leave is either curtailed or I successfully apply for a different type of leave, - or do I have to cease working immediately?

I would really appreciate any advice available!

[Lucapooka]

Your leave will be curtailed to 60 days so you can continue until you get notification of that. However, one must assume you will be given a statutory notice period by your employer. It's really their choice if they want you to actually be there and work during that period.

[london1118]

Thanks Lucapooka

I am eligible for ILR during the 60 days. Do you know if it is possible to apply for ILR without the valid sponsorship certificate or will I have to get new sponsorship then get ILR?

Thanks for your help.

[Lucapooka]

ILR on what basis? Long residence will not be a problem but for ILR under t2 you need a letter from the employer stating that your services are still going to be required.

[manci]

I am eligible for ILR during the 60 days. Do you know if it is possible to apply for ILR without the valid sponsorship certificate or will I have to get new sponsorship then get ILR?.

Unfortunately not unless using a route other than T2. This is because under T2 at the time of the ILR application your licenced sponsor would need to certify that they still require you for the employment in question

[london1118]

My job still exists and they definitely need me, I just don't know if the fact they haven't got an SOC anymore affects that?

[Umm]

I am in the same boat as you and am gonna wait for the letter from UKBA to confirm date of when my leave will be curtailed.

[london1118]

Does anyone know what the best course of action is - so far as I can tell they are:

Get a new sponsor for the sake of 10 days then apply for ILR anyway (not that easy I expect)
Change to unmarried partner visa - wait 2 years for ILR

Is there any other transitional arrangement available seeing though I could in theory have been granted ILR this Monday and have completed the required 5 years?

I am getting nothing from the lawyers at work

[Jeeves]

Paragraph 245HF(d) of the Immigration Rules states:

The Sponsor that issued the Certificate of Sponsorship that led to the applicant's last grant of leave must:

(i) still hold, or have applied for a renewal of, a Tier 2 Sponsor licence in the relevant category; and

(ii) certify in writing that:

(1) he still requires the applicant for the employment in question, and

(2) in the case of a Tier 2 (General) Migrant applying for settlement, the applicant is paid at or above the appropriate rate for the job as stated in the Codes of Practice in Appendix J, or where the applicant is not paid at that rate only due to maternity, paternity or adoption leave, the date that leave started and that the applicant was paid at the appropriate rate immediately before the leave.

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

[london1118]

Thanks Jeeves.

So I am gathering there is no transitional arrangement application I can make?

It's another 2 years as a partner before I can re-apply for ILR?

It is literally 5 days gap. Worst luck ever.

[physicskate]

Thanks Jeeves.

So I am gathering there is no transitional arrangement application I can make?

It's another 2 years as a partner before I can re-apply for ILR?

It is literally 5 days gap. Worst luck ever.

Actually, the unmarried partner route is now 5 years till ILR...

[london1118]

5 years on partner visa or 5 years on any visa?

[awezome]

I am in the same boat as you and am gonna wait for the letter from UKBA to confirm date of when my leave will be curtailed.

Even I'm in the same situation, didnt expect this from a company like Lesters. Can anybody please advise of any other company that could help me out getting sponsorship? All the agents I speak to sound verrrry Dodgy. really appreciate any guidance here.

[abu054]

Hi London1118,

Is your sponsor was xxxxxx ? if yes i am also in the same boat, they are really idiot people ?


regards
abu054

[ANDREWMD1]

London118

A stressful situation naturally.

The Home Office will send you a letter curtailing your leave and giving a specific date / end date. Whether or not you have received this letter you may continue your leave to remain under the conditions of your Tier 2, i.e., you may continue working until the end date.

Xxxxx is actively trying to help all Sponsored Employees and offering alternative leave to remain suggestions where applicable.

Please call the office and we will be happy to discuss with you. Alternatively make an appointment and come to meet with us.

I look forward to hearing from you
Andrew

[physicskate]

5 years on partner visa or 5 years on any visa?

5 years on the partner visa...

When you switch routes, your clock to ILR is reset.

[PaperPusher]

The Home Office will send you a letter curtailing your leave and giving a specific date / end date. Whether or not you have received this letter you may continue your leave to remain under the conditions of your Tier 2, i.e., you may continue working until the end date.

This is bad advice. If a person's leave is curtailed that means is has a new, shorter duration. Therefore, a person cannot continue working until their end date of their tier 2 leave because a new end date applies.

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

[Nade]

Hi all

I approached xxxxxx to sponsor me.

They seem OKish, but they treat you as a job applicant. I’m used to being treated as a client!

It’s the same for client companies. I’m used to my employer saying “£400/day, that’ll do nicely, where do I sign?’, but xxxxxx seem very choosy about the terms they will accept.

From talking to friends it seems that they turn down as much business as they accept, and are not very friendly to agencies.

Basically its like a club with arcane initiation rituals. If I get in I’ll tell you they are the best. If I don’t get through I’ll say that they are too stuffy and bureaucratic.

[sancha]

I am in same position. My employer called me on Thursday (21/11/2013) and told me about a meeting next day on 22/11/2013 where they have ended my employment on same day saying their Tier-2 Licence was revoked by UKBA last week and if they employ me any more , it would be illegal. It is very panic to end a permanent employment in a day. They told me that they will give me payment for one month notice period and I have to leave the country within 60 days. It is really difficult situation to leave country when a person is with wife and two kids who is going to sit in the GCSC in next year. We all are living in UK from 8 years and kids are now not even good in their own language being so long here. One kid was only 2 years when he came here and other was 8 years. It would be very bad for kids and us to be back now. I am not sure what are my kids right (if any) in this situation here. In my sector it is difficult to find an employer immediately who can provide me sponsorship so very limited chance for me to get T-2 again within 60 days but if I get some more time from UKBA, it is possible for me to be back on Tier-2 or some alternate visa (Tier-4 if possible) but immediately very difficult-Please anyone can advice?

[amermir]

Hi there,
I am working under tier 2 general from last 5 1/2 years and now I want to prepare my self for applying ILR but unfortunately my employer have told me yesterday that our company SMS license have been suspended.
He is trying to reinstate the license but my employer is not sure about it.

My enquiry is that can I still apply for ILR or no, while my all documents are ready now.

Many thanks[quote][/quote]

[manci]

amermir please continuein your other thread