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Tier 2 applied for ILR, but Sponsor License revoked

Posted: Thu Apr 11, 2019 9:11 am
by whan25
Hi

I have applied for ILR (one day service) in October 2018 on the basis of 5 year working in the UK under Tier 2 .

However on the day I was told that they won't be able to make decision on the day, so I had to go and wait.

In December 2018, Home office compliant officer came to our office, and checked all the documents and had interview with me and my employer.

In January 2019, the sponsor license department sent us a suspension letter because of the job description is not matching to what I did.

In April 2019, my employer then received a letter of revocation of the sponsor license. I have read the guidance online, saying that my ILR application will be soon refused.

I want to know what is my options now.I am a bit confused in the time line.

1. shall I withdraw my ILR application or just wait for the result. is 60 days starting from the date my employer's sponsor license revoked or the date of my application refused?

2. Can I switch to a Tier 4 student visa in September this year, but the only problem is can I apply the visa in the UK?

3. If I can find a new sponsor within 60 days and submit a new application. I have 6 years in total to work in the UK, then I have a cooling off period, so all the previous 5 years do not account for ILR. I have now worked in the UK for 5.5 year under Tier 2. How long I can apply for the next Tier 2 visa and can I apply for ILR?

4. Can my boss submit a judicial review of revocation ? and can my ILR be appeal? will this appeal time account for 10 year long residency ?

Many thanks

Re: Tier 2 applied for ILR, but Sponsor License revoked

Posted: Thu Apr 11, 2019 1:40 pm
by zimba
1. shall I withdraw my ILR application or just wait for the result. is 60 days starting from the date my employer's sponsor license revoked or the date of my application refused?
There is no 60 days rule :!:
I suggest find a new immigration route and vary your previous ILR. Withdrawing leads to section 3C ending. You better do this sooner before any refusal.
You cannot be on Tier 2 for more than 6 years
2. Can I switch to a Tier 4 student visa in September this year, but the only problem is can I apply the visa in the UK?
I do not think you can switch here. You need to leave the UK and apply within 14 days at home
3. If I can find a new sponsor within 60 days and submit a new application. I have 6 years in total to work in the UK, then I have a cooling off period, so all the previous 5 years do not account for ILR. I have now worked in the UK for 5.5 year under Tier 2. How long I can apply for the next Tier 2 visa and can I apply for ILR?
There is no 60 days rule :!:
You cannot be on Tier 2 for more than 6 years.
4. Can my boss submit a judicial review of revocation ? and can my ILR be appeal? will this appeal time account for 10 year long residency ?
Your company can follow suspension of the licence on their own but this has nothing to do with your application.
You do not get appeal rights under PBS route :!:

Re: Tier 2 applied for ILR, but Sponsor License revoked

Posted: Thu Apr 11, 2019 2:41 pm
by whan25
Hi Zimba

Thank you for your reply.

Could you please give me a bit more information about the Tier 4 option. Can't I apply in the UK once my current ILR application was refused.

Many thanks

Re: Tier 2 applied for ILR, but Sponsor License revoked

Posted: Thu Apr 11, 2019 2:53 pm
by CR001
whan25 wrote:
Thu Apr 11, 2019 2:41 pm
Hi Zimba

Thank you for your reply.

Could you please give me a bit more information about the Tier 4 option. Can't I apply in the UK once my current ILR application was refused.

Many thanks
When does or did your Tier 2 visa expire??

You could switch in country to Tier 4 IF you can get a CAS from a sponsor.

https://www.gov.uk/tier-4-general-visa/ ... -this-visa