ILR Refused for employer's Sponsor Licence expired

[zimba]

Unless your sponsor renews the license soon, you have no chances of applying for ILR under Tier 2. You can buy some time with AR but after that you get just 14 days to apply for ILR or else you have to leave the UK.

[ziffzaff]

OK! That sounds like a good news.
So, If my sponsor applies for the licence before I apply for AR and in case of Negative from Admin Review, would I still be able to apply for ILR again (within 14 days of AR refusal)?

[ziffzaff]

Let me put it more simply, Will they consider licence renewal application from my employer in the AR and in case of AR refusal, Will i be able to apply for ILR? What if i go for First Tier Immigration Tribunal after AR if its not successful?

[CR001]

Will they consider licence renewal application from my employer in the AR and in case of AR refusal, Will i be able to apply for ILR?

No, AR has to do with your application you submitted that was refused. It has nothing to do with your employer applying for their license. You also cannot submit new evidence for AR. AR is for when HO has made an error so what error do you think HO made in refusing your ILR application?? You can only apply for ILR if you meet the terms of your Tier 2 visa and that means having a valid sponsor.

What if i go for First Tier Immigration Tribunal after AR if its not successful?

Assuming you are referring to your ILR refusal, you should note that there is no appeal process anymore for PBS migrants. If AR fails, that ends the matter and your Section 3C protection.

[zimba]

Let me put it more simply, Will they consider licence renewal application from my employer in the AR and in case of AR refusal, Will i be able to apply for ILR? What if i go for First Tier Immigration Tribunal after AR if its not successful?

No you cannot overturn the decision in AR. Your sponsor should get the licence renewed and you need to apply for a NEW application within 14 days of becoming an overstayer to get ILR

[ziffzaff]

Hi All,
Again, I need help and I am very hopeful that as always someone will help me here!
I had applied for ILR (in-time application) after 5 Years on Tier2 General and my FIRST application was refused with only reason that my Sponsor Licence is Expired. Then, within 14 Days of receiving refusal letter, I applied for Administrative Review which was also refused (Not successful) on 15th December 2017. During all this time I have been working with the same employer.

My Employer (An Software Development Company) applied for Licence on 21st of December 2017 and I submitted a fresh application for ILR on 23rd December 2017. Also, my Employer checked my Right to work with home office and have been advised that I do not have any working rights until my new application decision is concluded. So, I stop working for my company but still they want me to join their team and can wait until I get the decision for my new application. My Employer has notified the home office about their intentions to re-employ me when I will be getting ILR.

On 5th of January, my previous employer notified me that he is granted an A-Rated Sponsor Licence and if it can help my application to succeed, he can create CoS and assign it to me.

In order to say Yes or No to my previous employer for assigning a new CoS, I am in dilemma!!! Will this CoS be helpful for me??? Why should I get CoS if I have already spent 5 Years in Tier2 General?

Please note that:(1) i have been working for the same employer at the time of application and director has mentioned in the support letter that I am applying for ILR and company needs my skills to complete very important and critical export orders. (2) My Biometrics have already been done on 15th January 2018.

What are the chances for Success for me? What can I do further to help to get my application succeed? Things are happening too fast!!! Is it good or Bad??? Any Ideas? Any Help?

[zimba]

You CANNOT get ILR if your employer does not have a valid licence. This is VERY VERY clear and it seems you do not understand it. Not only you must have held Tier 2 for 5 years, your current employer MUST hold a valid license and also give you a letter that says you are required for an unforeseeable future. If they do not have a valid license, you will NOT get ILR. I suggest to vary ILR to Tier 2 extension using your new sponsor COS and then apply for ILR later.

[ziffzaff]

You CANNOT get ILR if your employer does not have a valid licence. This is VERY VERY clear and it seems you do not understand it. Not only you must have held Tier 2 for 5 years, your current employer MUST hold a valid license and also give you a letter that says you are required for an unforeseeable future. If they do not have a valid license, you will NOT get ILR. I suggest to vary ILR to Tier 2 extension using your new sponsor COS and then apply for ILR later.

Dear Zimba88,
I think I failed to explain my circumstances, I have mentioned in my question that my employer applied for a licence on 21 DEC 2017, gave me a letter that he needs me for foreseeable future and then I REAPPLIED for ILR on 23 DEC 2017 with the same employer with whom I have been working since last 7 years. On 5th JAN 2018, my employer got his A-Rated Licence. Now the question is Do I Need a New CoS from him?

By the way, meanwhile my employer carried out my right to work check with home office and on 07th JAN 2018 home office said that I do not have right to work until my application is under process So I am not working at the moment but my employer again wrote to home office that as soon as my ILR application succeed I can join the office again. Under these circumstances, is there any chance for success? OR would you suggest what steps I can take to help succeed my application for ILR?