ILR Eligibility

[Sunny800]

Thank you so much for the response Lolo
I have started looking for new job from last week.
Thank you
Can any other admins share some insights or experiences please?

[Frontier Mole]

Lolo2 advice is correct in regards active participation. If you had knowledge or knowingly participated in an activity or action that was considered contrary to the Sponsor Guidance for Employers, only at that point you could be in line for immediate visa cancellation. This is rarely seen unless there is a level of criminality.

One example that does pertain to your industry- undertaking contract roles that are in essence agency work. That has in the past resulted to immediate cancellation of a visa.

A licence being suspended for underpaying migrant works, particularly in the IT industry, is not that unusual. If they gerrymandered COS to be able to pay lower salaries than that were due, the licence will almost certainly be revoked.

Finding a sponsor who appreciates you and your skills and is willing to pay accordingly, is the best possible thing to do.

[Sunny800]

Thanks for the response @ Frontier Mole
Can I continue with same employer if he agree to pay as per the ongoing market rate or do i need to find new job, I'm worried if i switch my employer and apply for new skilled worker visa, Home office might reject my visa as i'm switching from old employer whose license is under suspension now or it might get revoked once the investigation is completed.
Please let me know, whats the best thing to do in current scenario?
Thanks in advance.

[lolo2]

Have you read the link posted before?

It clearly states that you can keep working - in your current job & employer - whilst the sponsor licence is suspended, also you are free to change jobs. Being paid a low salary might be unfair but is not a crime. This or the fact that your current sponsor has got their licence suspended does not have any impact on a future visa application.

The Home Office is the entity who will decide about the future of the sponsor's licence once they conclude their investigation. Nobody here knows all the reasons why this happened, increasing your salary now might not have any impact on the outcome.

[Sunny800]

I have read the link
Thanks for the response Lolo

[Sunny800]

Hello Admins,
Hope everyone is doing well.
I have received below email from the home office
REMOVAL FROM THE REGISTER OF LICENSED SPONSORS:
Company Name ABC
1. We are writing to inform you that on 5/10/2023 the decision was made to revoke the sponsor licence of the above company.
2. When a sponsor licence is revoked any Certificates of Sponsorship (CoS) automatically become invalid and this means that any workers associated with that licence are affected. You have been identified as one of those workers.
What happens next
3. Your existing permission remains valid until another Home Office department writes to you to confirm it has been shortened or cancelled, or until it expires (whichever is the earliest).
4. Unfortunately, for confidentiality reasons we are unable to provide further detail as to the reason for the revocation of the sponsor licence or answer any further queries relating to the matter.
5. If you do have any questions or concerns you will need to discuss these with your employer. There is also further information available on the gov.uk website:
Employees: if your visa sponsor loses their licence - GOV.UK (www.gov.uk)
Yours sincerely
xxxx
Sponsor Compliance Team – Work Routes
Note: I Have received above email on 15th Dec, But I checked mail on 20th Dec.


I have discussed with HR, what they say is you are legal to work until you get your curtailment letter and you can still stay and work here as usual.
They said they are doing the PAP and it is rejected
Now they said they going to court. Is that correct?

[lolo2]

Now they said they going to court. Is that correct?

Not sure what you want to know here.

As far as I understand the sponsor has the right to follow a due process to reinstate their licence - if that's the case, but the sponsored employees have no involvement in such processes.

The email you received from the HO clearly states what applies to you:

3. Your existing permission remains valid until another Home Office department writes to you to confirm it has been shortened or cancelled, or until it expires (whichever is the earliest).

I understand a situation like this is very stressing for us as immigrants, but if I was you I would be more focused on applying for a new job before a curtailment letter arrives, instead of being worrying much on what the company does.

[Frontier Mole]

There are definitely two trains of thought on whether you have the right to work.

From a sponsorship point of view your employer does not have a licence so how can they employ sponsored workers. In tandem with that you have been informed officially that your employer no longer holds a licence. That prevents the claim you are unaware and in essence is the beginning of the process to cancel your visa. At some stage (probably months) you will receive a visa cancellation notice giving you 60 days to find another sponsor/ different immigration route to remain or leave the U.K.
In the meantime if your employer continues to employ you they are knowingly doing so while they don’t have the right to do so. That leaves them open to being fined or subject to criminal action. So that is their choice.

The second train of thought.
The migrant is entitled to carry on working until they receive formal cancellation and until the 60th day. And that is the start and end of it.

There is one point that is not in doubt, court action post revocation does not forestall the effect of the revocation. If the employer gets an interim order to move the revocation back to a suspension then that is the best they could do. Given during the suspension period they would / should have made representations against the suspension, it appears that has not been effective.

[Frontier Mole]

The guidance is not that helpful

https://www.gov.uk/employee-lose-sponso ... ken%20over

[AmazonianX]

What's relevant to OP is to not wait till receiving curtailment letter before starting to look for another sponsor.