Suspension of sponcor ship license tier 2 general, need help

[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[/b]

[manci]

As you probably know, with ILR applications sponsors have to certify that they still require the migrant for the job in question and that the migrant is being paid an appropriate salary.

They can only issue such a certificate if they hold a T2 sponsor licence - Immigration Rule 245HF(d)(i)

Whilst they can continue employing the migrants they already sponsor when their licence is suspended the answer to your question hinges on whether they still "hold" the licence during the suspension. IMHO they don't but this can be open to interpretation.

Note that on suspension of the licence their name would have been removed from the public register of sponsors (you can check this yourself).