Post
by Simon.Po » Wed Feb 12, 2014 10:58 am
Yes, it is 100% - I checked just now with your link.
I believe this is because UKBA didn't suspend our license and my company didn't surrender the "old" license either.
From the policy guidance the UKBA will remove us only when we surrender the license:
696. If you no longer wish to sponsor migrants, and have no sponsored migrants currently
working for you, you may surrender your licence. If you wish to surrender your licence, you
must do this via your SMS account. When you submit the request to surrender your licence
we will tell you what documents you must send to us (where appropriate) and you will also
have to sign a short declaration. We will then remove your entry from the public register of
licensed sponsors. (Please see paragraphs 708-709 which explain what to do if you do not
have a level 1 user and cannot surrender your licence using your SMS account.)
In their letter to us they said that our company needs to surrender the license within 28 days:
"We must now advise that the new owners have 28 days from the date of this letter to apply for a new license (unless they already have one) if they wish to continue employing any migrants that you were sponsoring before the change of ownership"
"If you are currently sponsoring any migrant employees we will require you to submit a request via your SMS account to surrender this license into a dormant state. We will then be in a position to transfer any sponsored migrants to either the new license or the new owner's current license if they hold one. Please note that failure to take the required action within 28 days will result in this case being passed to our Compliance Team which may result the downgrade, suspension or revocation of this license and potential curtailment of sponsored migrants leave"
We agreed with HR that we will get the license first (within allowed 28 days) and then surrender this one (again within 28 days), otherwise, according to UKBA, they can deport me:
"When you make request to surrender the license, you must provide evidence that you no longer have
responsibility for any migrants whom you may have previously sponsored. If you do have any
such migrants, we will immediately revoke your licence and remove the migrants’ permission
to stay in the UK and may remove the migrants from the country."
So we want to get the new license first and then surrender the old one.
My understanding is that the company will remain in the Tier 2 sponsors list as long as we not surrender our license or 28 days pass (whichever is sooner).
This all a bit confusing and still doesn't answer my question: will HO allow me in to the UK once I come back from the trip or they will say that I am working for "new" company that doesn't have a license?
I suspect that they will never see that information as I have a valid visa and the company in question is in Tier 2 sponsors list, but want your opinion as well guys, really important!
Also, another question: I am correct saying that my visa still fully valid according to the letter they sent?
"Please note that failure to take the required action within 28 days will result in this case being passed to our Compliance Team which may result the downgrade, suspension or revocation of this license and potential curtailment of sponsored migrants leave"
So according to this it is still valid and will be curtailed only if we didn't apply for a license and surrender the current license within 28 days. Am I correct?
P.S Hate immigration and HO!!!