ILR Refused for employer's Sponsor Licence expired

[boolean]

Hi,
I am currently on Tier2 General currently with the same employer since last 5 years. I will be applying for ILR in next couple of weeks on 8 August 2017. All the requirements for ILR are fine but i Just found that my employers Sponsor Certificate was expired in July 2016. Will this affect my application for ILR? Should my employer renew his sponsorship certificate before i apply for ILR?

Need Some advice on this and i am very hopeful that someone will help me here.
Many Thanks in Advance & Best Regards

[makky86]

Hi,
I am currently on Tier2 General currently with the same employer since last 5 years. I will be applying for ILR in next couple of weeks on 8 August 2017. All the requirements for ILR are fine but i Just found that my employers Sponsor Certificate was expired in July 2016. Will this affect my application for ILR? Should my employer renew his sponsorship certificate before i apply for ILR?

Need Some advice on this and i am very hopeful that someone will help me here.
Many Thanks in Advance & Best Regards

What do you mean by "Sponsor Certificate expired"? Do you mean sponsor license revoked?

[iworker]

if you mean sponsorship licence, then you are in big trouble. It effectively means u dont have a current visa as your visa/sponsorship stopped when their licence lapsed.

[boolean]

Thanks Makky,
It is not revoked. It was Expired on 19th July 2016 and my company didn't renew.

My Sponsor acquired a sponsorship licence in 2012 when i applied for tier2 general initially. Afterwards, i got 3 years of tier2 general and then later got 2 years extension. the current 2 years tier2 visa is expiring on 8th August 2017. Currently, during all these five years, i am working with the same company.

[makky86]

Thanks Makky,
It is not revoked. It was Expired on 19th July 2016 and my company didn't renew.

My Sponsor acquired a sponsorship licence in 2012 when i applied for tier2 general initially. Afterwards, i got 3 years of tier2 general and then later got 2 years extension. the current 2 years tier2 visa is expiring on 8th August 2017. Currently, during all these five years, i am working with the same company.

If you're saying that your company sponsor-license is expired and they didn't renew then you're in big trouble. Ideally you cannot work for the company. Its illegal.

*Check above immediately with your HR*

My understanding is that UKBA will automatically curtail your leave. Once you get letter you'll have60 days.

For now you cannot apply ILR. You should try to get new sponsor as soon as possible.

[poper]

Are you saying you cannot see Tier 2 General for your company here

https://www.gov.uk/government/uploads/s ... onsors.pdf

[iworker]

although u are in trouble and not sure if there is anything that can fix it, if i were u, i would do the following
look for a new sponsor immediately.
Ask the employer to hire a PROPER solicitor and file a renewal with explanation that a mistake was done.
there is no excuse for not renewal of licence, as reminders are sent at 4, 3, 2, 1 month before expiry.

[boolean]

Are you saying you cannot see Tier 2 General for your company here

https://www.gov.uk/government/uploads/s ... onsors.pdf

Yes, It is not in this document anymore.
I had no knowledge that when it expired but since then i have been working with the same company.

[makky86]

Are you saying you cannot see Tier 2 General for your company here

https://www.gov.uk/government/uploads/s ... onsors.pdf

Yes, It is not in this document anymore.
I had no knowledge that when it expired but since then i have been working with the same company.

I would take advise from iwrorker asap. If you ask me, look for another employer as soon as possible.

[boolean]

Are you saying you cannot see Tier 2 General for your company here

https://www.gov.uk/government/uploads/s ... onsors.pdf

Yes, It is not in this document anymore.
I had no knowledge that when it expired but since then i have been working with the same company.

I would take advise from iwrorker asap. If you ask me, look for another employer as soon as possible.

What if, my current employer renew their sponsorship certificate? It was just expired, they didn't got involved in any misconduct or unlawful activity. It wasn't revoked! Will it not make any difference?

[makky86]

Are you saying you cannot see Tier 2 General for your company here

https://www.gov.uk/government/uploads/s ... onsors.pdf

Yes, It is not in this document anymore.
I had no knowledge that when it expired but since then i have been working with the same company.

I would take advise from iwrorker asap. If you ask me, look for another employer as soon as possible.

What if, my current employer renew their sponsorship certificate? It was just expired, they didn't got involved in any misconduct or unlawful activity. It wasn't revoked! Will it not make any difference?

Yes they can renew. But it might take sometime (2-3 months).

You should ask your employer to hire a solicitor.

Now may be you can create new topic if your visa will be valid until that time or not. Guru can respond.

[iworker]

there has been cases before where they have let the employer renew it again even after expiring.. but the duration has been usually 2 or 3 months..
yours has not just expired.. it expired over a year ago. The chances are very very less

[boolean]

there has been cases before where they have let the employer renew it again even after expiring.. but the duration has been usually 2 or 3 months..
yours has not just expired.. it expired over a year ago. The chances are very very less

I agree it not "Just Expired" it's Year ago. I have checked with HR, they have checked all the previous emails and have confirmed that they have not received any reminder that licence is expiring or any notice that it has expired.

WE ARE SURE THAT THEY HAVN'T SENT US ANY REMINDERS!
However, I only received a letter (one for me & one for my spouse with the same contents for both) yesterday from Home Office, telling me that licence expired in July 2016 and i have to leave the country by o8 August or apply for leave to remain.

[iworker]

Its unlikely that reminders were not sent as its an automatic process.
In anyway, it is one of the duties of the sponsor to maintain the licence and should have known the deadlines. Failing to renew breaches the conditions.

[CR001]

Its unlikely that reminders were not sent as its an automatic process.
In anyway, it is one of the duties of the sponsor to maintain the licence and should have known the deadlines. Failing to renew breaches the conditions.

Possible that the level 1 user might have left company too and emails sent to them.

[makky86]

there has been cases before where they have let the employer renew it again even after expiring.. but the duration has been usually 2 or 3 months..
yours has not just expired.. it expired over a year ago. The chances are very very less

I agree it not "Just Expired" it's Year ago. I have checked with HR, they have checked all the previous emails and have confirmed that they have not received any reminder that licence is expiring or any notice that it has expired.

WE ARE SURE THAT THEY HAVN'T SENT US ANY REMINDERS!
However, I only received a letter (one for me & one for my spouse with the same contents for both) yesterday from Home Office, telling me that licence expired in July 2016 and i have to leave the country by o8 August or apply for leave to remain.

I am sorry but HR is wrong. Its all automated system to send renewal emails.

Its sponsor job to make sure to renew before its expired (even if they don't get reminders).

Unfortunately you have to find another employer before 8th August 2017 or leave country and apply from home country.

I am not sure if that means cooling-off periods will apply for now !

[iworker]

applying outside the uk after a tier 2 attracts a cooling off time.

[makky86]

applying outside the uk after a tier 2 attracts a cooling off time.

Interesting ! I thought it applies either you've spent 6 years or you want to convert Tier2 ICT to Tier-2 General.

[ziffzaff]

Hi,
I hope somebody will help me out during this time of stress.
I have been working for last 12 years for the same employer in IT industry. My recent stay (last 5 years) was working as Tier2 General migrant and I applied for ILR on 6th July 2017. Just before my application, on 22nd of June home office sent me a letter saying my employer's sponsor license expired in June 2016 and i can continue working with the same employer and need to leave the country when my current leave to remain expires. Well, I called the home office immediately and have been told that it is between home office and my employer, i should be alright if i apply for ILR.

Now when i got the refusal on the only objection of sponsor Licence expired and have given me an option to go for an administrative review. Interestingly, this letter says that my employer's license expired in June 2017. there is something wrong in their records as they never notified me or my employer about any of this if it was expired in 2016.

What can i do now? any suggestions?

[CR001]

user boolean???? (click)

multiple usernames (click)

[ziffzaff]

Well, I am sorry about this. I tried to use the forgot password link but it didn't worked. so created a new ID. I was unaware of this policy (which is a damn good policy!). So, How can i un-lock myself as boolean? or completely get rid of it?

[CR001]

Well, I am sorry about this. I tried to use the forgot password link but it didn't worked. so created a new ID. I was unaware of this policy (which is a damn good policy!). So, How can i un-lock myself as boolean? or completely get rid of it?

Topics merged and username 'boolean' deactivated.

[ziffzaff]

Thanks.

[ziffzaff]

Hi,
I applied for ILR after 5 years on Tier 2 General (Entire 5 Yrs with the same employer). Following is the timeline:
1: August 2012 -> PSW to Tier 2 General & got 3 Yeas Leave to remain.
2: July 2015 -> Applied for Extension & got 2 years leave to remain. (Visa Expiring 8 August 2017)
3: 23 July 2017 -> Received letter from home office telling me that my employes licence expired in July 2016 and I need to apply for further leave to remain or leave the country on visa expiry date.
4: 28 July 2017 -> Called home office asking if I apply for ILR then will it cause any issue? Got the reply that this matter is b/w home office & the employer, I as the applicant would be alright.
5: 05 August 2017 : Applied for ILR (with a confirmation letter from employer that company needs me for foreseeable future)
6: 08 November 2017 : Received Refusal letter from home office saying only one reason that my employer's licence expired. They have given me an option for Administrative Review with 14 calendar days to respond.

My Employer has applied for the licence renewal (on 10th November 2017) after i received the refusal letter. Now, if i apply for Administrative Review, Is there any chances of acceptance? OR should i put a fresh ILR application within Admin Review time? Is thee anything else i can do?

[ziffzaff]

No Advice
I think all the doors are closed.