Home Office Visit Tier 2 sponsorship

[ghanii_786]

HI,
I hope someone will share related information.

I am working under Tier 2 General in a small size business, where company sponsored only 3 migrants me and my two other colleagues. We had schedule home office visit on 7th Aug 2017 where everything went really well i mean our interviews.
We are still waiting any written report/feedback from home office. The officer said to our director that they will write you with in 6 weeks. But we are still waiting and its over 12 weeks now which made us so much worried that whats going on. Are they going in detail investigation towards revoking company sponsorship licence??? From company's point of view everything was maintained (Paper work etc) and we had good interviews too.
If kindly someone can share similar experience or possible outcomes of this visit.
Thanks

[crazy_p]

We had the same issue recently and after a HO visit (Around June 2017) they sent a suspension ( NOT REVOKE ) notice pointing few things about the company and the employees. It took more than 2-3 months for the suspension notice. So, if they are making background checks, it will for sure pass the 6 weeks deadline. (They had done a full background check on ours. The suspension letter pointed out many facts )

Now we got 20 days to respond to that and we'll do that by the end of this week. I'll keep you updated if we receive any messages / updates.

The revoking process starts ONLY if they are not happy with our response AS I KNOW. (Not 100% sure)

This was our case.

uk-tier-2-employer-sponsored-visas/tier ... 41650.html

Keep believing!

[ghanii_786]

Hi,
Thank you very much for your reply. Your reply gave me some sort of direction where this will go. From employee side i believe everyone is confident that they said the right stuff in their interviews. Our personal records were updated in company's file and whatever they asked was provided. Because its over 3 months now and still waiting for HO response.

Yes please keep me updated and thank you very much for sharing information with me.
I think we will receive a reply in next few weeks.
Do you think i should start looking for new sponsor

Thanks
Regards

[crazy_p]

Hi ghanii,

I know we all are eyeing for ILR or any settlement option here. So I would suggest to hold on till the decision because you may have had some plans with the current employer. And that is IF YOU HAVE A VALID VISA MORE THAN 60 DAYS from now. Because it is risky If you have to apply for an extension during this time.

If you have to apply for an extension, HO will put your application on hold till the license thing gets sorted. Then there is a risk as if HO revoke your license AND IF YOU DON'T HAVE A VALID VISA FOR MORE THAN 60 days, they will either hand over your passport at the airport or any other time duration. (THIS IS THE PLACE I AM CONFUSED. Logically, If we had a visa for more than 60 days, they will curtail it to 60 days and they will send us a letter. Then we can find a new sponsor during that period or we can arrange travel plans. BUT IN THIS CASE AS OUR VALID VISA IS OVER, I have a doubt that they will hand over the passport at the airport. I am not sure at all and couldn't find any examples. But logically I feel that's what is going to happen.

https://www.gov.uk/government/uploads/s ... 5-2017.pdf

Double check this document and below is the point 19.9

What happens to my sponsored migrants if my licence is
revoked?
19.9 If we revoke your licence, we will:
 immediately end (curtail) the permission to stay in the UK, or worker
authorisation of any migrants whom we believe were actively and knowingly
involved (complicit) in the reasons for the revocation of your licence – such
Page 87 of 205 Tiers 2 and 5: guidance for sponsors - version 05/17
as if the migrant agreed that you would arrange a non-existent job for them
so they could come to the UK
 shorten the length of the worker authorisation, or permission to stay in the
UK of any other migrants who were not actively involved to 60 calendar
days - if the migrant has fewer than 60 calendar days of their leave or
worker authorisation remaining, we will not shorten it

So, best to wait for the decision as I guess. But depends on how long is your current visa. Admins and moderators will give you a better answer too. This is my idea.

[ghanii_786]

hi
sadly we received suspension letter from home office yesterday. we have to respond in 20 days. i have asked different solicitors and some saying most likely they will revoke it.

have u guys send ur response to home office after suspension??

[crazy_p]

Hi ghanii_786,

Very sad to hear that! What are the reasons for the suspension? And what are the grounds the solicitors are pointing for a revoke?

We submitted supporting documents to HO last week. Still we didn't hear anything. I'll let you know once we get any update.

Our company lawyer told that it will take at least 10 weeks for a decision as per his experience. But tbh all the cases that I've heard and seen ended with a revoke. Couldn't find a single case receiving the status back. I guess the government policy is to reduce immigrant workers as much as possible. If they REALLY have an intention, they can downgrade to a B Grade and they can give a chance to correct our selves. But they are not!

Will hope for the best!

[fielddrive]

ghanii_786 can you please advise the structure of your sponsor?

I have noticed that most 'shell' tier 2 sponsors hiding contractors working on client sites are being targeted and shut down. I am not suggesting that you are doing something wrong but best to find another sponsor.

There are some big name companies who sponsor you while working on contracts and have existed over many years. I guess they must be doing something different to the majority.

[ghanii_786]

hi,
Thank you very much for sharing information. we met a solicitor who told us i have seen very very bad cases but your case is not that bad. Home office raised questions on our job descriptions that employer is exaggerating.
Solicitor said i hope if we reply appropriately 60-70% chances to instate sponsorship license. mainly we worked out and organised our paper work relating to our jobs only and we are going to see the solicitor again tomorrow.

please let me know once you will receive your reply
Thanks and best of luck

[crazy_p]

Hi ghanii_786,

Thanks for this update. In ours, we had a same issue. In the interview with the HO officers, one friend's answers were misunderstood by the officers. They had asked us to send the evidence to prove that he carried out the work suggested on the COS.

We submitted the supportive documents which relates to his activities. Some projects he was doing, time frames, payslips and etc.

The point which they are referring as "You assigned a COS to a NON GENUINE VACANCY" was there concern. Hope yours the same.

I'll let you know if we have any update. Good luck on yours!

[fielddrive]

Good stuff ghanii_786! Do keep us posted on the progress.

[crazy_p]

Hi ghanii_786,

Any update on this? Its more than a month for ours and didn't hear anything!

[fielddrive]

Hope you guys pull through this but a long wait for an answer is never a good sign. I hope I am proven wrong. Good luck!

[crazy_p]

Hi fielddrive,

Exactly, ours got revoked today! Terrible! Looking for the options now!

[makky86]

Hi fielddrive,

Exactly, ours got revoked today! Terrible! Looking for the options now!

How long your current T2 valid for?

[crazy_p]

Hi fielddrive,

Exactly, ours got revoked today! Terrible! Looking for the options now!

How long your current T2 valid for?

Hi makky86,

I had received the BRP till 2020. So I'll get a curtailment letter anytime soon deducting the visa to 60 days if i am correct? Looking for a new sponsor!

[makky86]

Hi fielddrive,

Exactly, ours got revoked today! Terrible! Looking for the options now!

How long your current T2 valid for?

Hi makky86,

I had received the BRP till 2020. So I'll get a curtailment letter anytime soon deducting the visa to 60 days if i am correct? Looking for a new sponsor!

Yes , just make sure the HO have your latest address. Remember curtailment letter can take months (3-12 months). Once you get the letter then you'll have another 60 days.

The good news for you though is that you'll not be subject to 60 days employment gap if you cannot find another employer in 60 days. Even if takes 8 months for you to find new sponsor your continous stay will NOT be broken.

[crazy_p]

Hi fielddrive,

Exactly, ours got revoked today! Terrible! Looking for the options now!

How long your current T2 valid for?

Hi makky86,

I had received the BRP till 2020. So I'll get a curtailment letter anytime soon deducting the visa to 60 days if i am correct? Looking for a new sponsor!

Yes , just make sure the HO have your latest address. Remember curtailment letter can take months (3-12 months). Once you get the letter then you'll have another 60 days.

The good news for you though is that you'll not be subject to 60 days employment gap if you cannot find another employer in 60 days. Even if takes 8 months for you to find new sponsor your continous stay will NOT be broken.

makky86,

Thanks a lot for this information. Much relief on that matter. I'll keep posted if i am having any queries during this process. Thanks for everything!

[shahemaan]

Hi fielddrive,

Exactly, ours got revoked today! Terrible! Looking for the options now!

How long your current T2 valid for?

Hi makky86,

I had received the BRP till 2020. So I'll get a curtailment letter anytime soon deducting the visa to 60 days if i am correct? Looking for a new sponsor!

Yes , just make sure the HO have your latest address. Remember curtailment letter can take months (3-12 months). Once you get the letter then you'll have another 60 days.

The good news for you though is that you'll not be subject to 60 days employment gap if you cannot find another employer in 60 days. Even if takes 8 months for you to find new sponsor your continous stay will NOT be broken.

Hi Makky,

Sorry for highjacking the post My question is that I was made redundant from a job n 2013. After 4 months i managed to find another job. Applied and granted the second Tier 2 visa while 10 days were left on my curtailment letter. I was being told by a solicitor that i cant apply for ILR on tier 2 basis as there is more than 60 days employment gap. Is it true ?
Regards,

[CR001]

Hi Makky,

Sorry for highjacking the post My question is that I was made redundant from a job n 2013. After 4 months i managed to find another job. Applied and granted the second Tier 2 visa while 10 days were left on my curtailment letter. I was being told by a solicitor that i cant apply for ILR on tier 2 basis as there is more than 60 days employment gap. Is it true ?
Regards,

You were already given advice in August when you asked this question in your own topic. Why do you think anything has changed?

uk-tier-2-employer-sponsored-visas/tier ... l#p1527365

[shahemaan]

"The good news for you though is that you'll not be subject to 60 days employment gap if you cannot find another employer in 60 days. Even if takes 8 months for you to find new sponsor your continous stay will NOT be broken."

Trying to understand the statement above.

[CR001]

"The good news for you though is that you'll not be subject to 60 days employment gap if you cannot find another employer in 60 days. Even if takes 8 months for you to find new sponsor your continous stay will NOT be broken."

Trying to understand the statement above.

Refers to recent amendments in the Immigration rules that come into effect in January, but my understanding is that these changes won't apply to you for ILR based on 5 years Tier 2.

Your best option would still be to apply for ILR based on 10 years long residence. Also please continue with any further questions you have in your own topic.

[shahemaan]

Right,

Thanks, Will do so.

[kk1612]

Hi,

The good news for you though is that you'll not be subject to 60 days employment gap if you cannot find another employer in 60 days. Even if takes 8 months for you to find new sponsor your continous stay will NOT be broken.

I am in the similar situation. I have my tier 2 visa valid until March 2019 and I am eligible for ILR in April 2018 and also eligible for 10 years ILR in October 2018.
we had a Home Office visit in October this year but heard nothing from them yet. In case if my employer licence suspended and eventually revoked, let say licence revoked by May 2018, and if I couldn't find any sponsor until October 2018. Am I still eligible for ILR under 10 years route in October 2018?
If my sponsor licence suspended or revoked, I think I cannot apply for ILR under tier 2 route is that right?

Thanks

[makky86]

I am in the similar situation. I have my tier 2 visa valid until March 2019 and I am eligible for ILR in April 2018 and also eligible for 10 years ILR in October 2018.
we had a Home Office visit in October this year but heard nothing from them yet. In case if my employer licence suspended and eventually revoked, let say licence revoked by May 2018, and if I couldn't find any sponsor until October 2018. Am I still eligible for ILR under 10 years route in October 2018?
If my sponsor licence suspended or revoked, I think I cannot apply for ILR under tier 2 route is that right?

If the sonsor license is revoked HO will send you the letter to curtail your leave for 60 days. That letter takes month to get out so until that date your stay will be legal and be able too apply ILR based on 10 years long residencey

[kk1612]

Thank you for you reply makky86. I read this in few old posts, nowadays home office is not sending curtailment letter to everyone (even though the candidate's address with them is up to date) and they are still counting the 60 days from the day licence was revoked.
In this scenario, if I didn't receive any curtailment letter from HO after licence revoked, am still eligible for ILR under Tier 2 and/or 10 years route?

If the licence revoked in May 2018 and I did receive 60 curtailment letter in time (let's say end of May 2018), and I am not able to find new sponsor thereafter, am I still eligible for ILR under 10 Years route.