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Tier 2 sponsor becoming insolvent

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

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Tocaio
Newly Registered
Posts: 4
Joined: Thu Mar 10, 2011 7:31 pm

Tier 2 sponsor becoming insolvent

Post by Tocaio » Sat Nov 24, 2012 9:17 pm

Please forgive me if this is answered elsewhere, I've tried to find but couldn't. It might be a rare situation, not sure.

Basically, my employer became insolvent yesterday (23/11/12), so I'm trying to work out some information but it's all difficult to know for sure. I would really appreciate any help. I'm especially interested in how much time I have left to apply for a new visa, how much time I have before I have to leave the country.

Does the following affect the amount of time I have here?
- We have received no notice at all.
- My notice period (contractual) was 3 months.

My understanding is that I have 60 days after the end of employment, but is that the day it became insolvent, 30 days later or 90 days later?

Also, I have flight tickets to spend Christmas abroad, but now I'm afraid I'll have problems on the way back. Is advisable to lose my tickets and stay in the UK until I receive a new visa?

Additionally, I have a job offer from a non-sponsor company. They are willing to apply for sponsorship. Do we have any chance of becoming sponsors in time for me to apply before my visa runs out? Or it's completely unlikely? I've seen other posts about delays so I'm really worried about taking this job.

It's all very unfortunate since I'm just 8 months away from applying for an ILR (after 5 years living in the UK)

Thanks in advance!

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

Re: Tier 2 sponsor becoming insolvent

Post by manci » Sat Nov 24, 2012 10:01 pm

Tocaio wrote:Please forgive me if this is answered elsewhere, I've tried to find but couldn't. It might be a rare situation, not sure.

Basically, my employer became insolvent yesterday (23/11/12), so I'm trying to work out some information but it's all difficult to know for sure. I would really appreciate any help. I'm especially interested in how much time I have left to apply for a new visa, how much time I have before I have to leave the country.

Does the following affect the amount of time I have here?
- We have received no notice at all.
- My notice period (contractual) was 3 months.

My understanding is that I have 60 days after the end of employment, but is that the day it became insolvent, 30 days later or 90 days later?

Also, I have flight tickets to spend Christmas abroad, but now I'm afraid I'll have problems on the way back. Is advisable to lose my tickets and stay in the UK until I receive a new visa?

Additionally, I have a job offer from a non-sponsor company. They are willing to apply for sponsorship. Do we have any chance of becoming sponsors in time for me to apply before my visa runs out? Or it's completely unlikely? I've seen other posts about delays so I'm really worried about taking this job.

It's all very unfortunate since I'm just 8 months away from applying for an ILR (after 5 years living in the UK)

Thanks in advance!
Following insolvency your sponsor's licence will be revoked, see the T2 sponsor guidance para 618, 619:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

When the sponsor's licence is revoked your visa will be curtailed to 60 days from the date UKBA make their decision to curtail (Note: not not from the date of the insolvency, so there will be some additional time)

your 3 month notice period is not an immigration matter and has no relevance to your leave.

If your visa has not been curtailed by Christmas, which is possible, then it shouldn't be a problems travelling abroad for the holidays. However, read p.28 in the curtailment rules and decide what applies to your situation:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Re. the job offer from the company who are not T2G sponsors at present, it is impossible to tell whether if they applied now the sponsor licence would be granted before you have to leave the UK. However, you may have about 4 months from now, made up of: a) the period before UKBA make their decision to curtail your visa + 60 days + a 28 day "period of grace" after your curtailed leave expired within which you can apply for leave to remain.

Tocaio
Newly Registered
Posts: 4
Joined: Thu Mar 10, 2011 7:31 pm

Post by Tocaio » Sun Nov 25, 2012 12:04 pm

That was really useful manci, thanks for clarifying!

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