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Tier 2 suspension

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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MAK51
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Tier 2 suspension

Post by MAK51 » Tue Feb 20, 2018 12:40 pm

Hi there,

We had a visit from Home Office in Sep 2017 and we thought it went great, however we received a letter by end of December 2017 that our sponsor licence is being suspended and will be revoked soon. We were given a chance to reply to HO. We replied through email on 16 Jan 2018 but haven't heard back from them yet.

My visa expires in first week of April 2018 and I'm stuck in a limbo. Is there a time frame by which I can expect HO to reply and make a final decision.

Please give me some information if anyone has an idea.
Thank you

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CR001
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Re: Tier 2 suspension

Post by CR001 » Tue Feb 20, 2018 12:41 pm

Why was it suspended or what reasons did HO give for the suspension?
Char (CR001 not Casa)
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MAK51
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Re: Tier 2 suspension

Post by MAK51 » Tue Feb 20, 2018 12:46 pm

They were not satisfied with RLMT. However we do not agree with their reply, they have made some incorrect assumptions.

I would just like to know the time frame by which they will reply if there is a range.

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CR001
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Re: Tier 2 suspension

Post by CR001 » Tue Feb 20, 2018 1:05 pm

HO don't usually suspend and revoke based on 'assumptions'.

They would have gone through the documentation very carefully and if it was not above board and what you do is not what the RLMT stated or you were 'pre-selected' and the RLMT was favoured towards you and so excluding all others, then clearly there is an issue.

You have no posting history on the forum so any advice is such an estimated guess to be honest as we don't know if this is the same sponsor you have had since you got Tier 2 or if you had changed employers for example.
Char (CR001 not Casa)
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MAK51
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Re: Tier 2 suspension

Post by MAK51 » Tue Feb 20, 2018 1:35 pm

I would just like to find out how long does HO usually take to reply, thats all. My history should not effect the reply time because the reply is not to me individually, it is to the firm. I'm not concerned about whether the reply will be in our favor or not.

I would just like to find out an estimated time HO takes to reply. Kindly help me with that if you can. Thank you.

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CR001
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Re: Tier 2 suspension

Post by CR001 » Tue Feb 20, 2018 1:43 pm

Some members sponsors have waiting a few months,others have been quicker. It really varies.
Char (CR001 not Casa)
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MAK51
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Re: Tier 2 suspension

Post by MAK51 » Tue Feb 20, 2018 1:54 pm

Cool, thank you very much for your help.

MAK51
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Tier 2 licence suspended. visa extension next month

Post by MAK51 » Tue Feb 20, 2018 11:18 pm

Need advice please.

My employer's sponsor licence is suspended and my visa expires next month.

1) Would I be able to apply for extension with my employer.
2) If yes, I'm assuming application will be pending until decision is made on my employer's licence. Is this assumption correct? How will an application be made when no COS can be assigned.
3) Will this application count towards ILR on 5 years on Tier 2 visa basis. I'm not interested in the 10 year ILR route.
3) Lets say 6 months down the line, my employer's licence is revoked, what will happen to my tier 2 timings, will the time in extension application count towards Tier 2 five years or no. If no, will it be considered a break in 5 years. My 5 years finish next year Feb 2019. I'm not looking towards 10 year ILR, that would take me another 4 years. I am interested in making ILR application in 2019 on a 5 years Tier 2 visa basis. My concern is will making an application during suspension cause a break in my 5 years if my employer's licence was eventually revoked.

Would really appreciate advice on the subject.

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Re: Tier 2 suspension

Post by vinny » Wed Feb 21, 2018 12:22 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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CR001
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Re: Tier 2 suspension

Post by CR001 » Wed Feb 21, 2018 8:33 am

1) Would I be able to apply for extension with my employer.
Yes, possibly.
2) If yes, I'm assuming application will be pending until decision is made on my employer's licence. Is this assumption correct? How will an application be made when no COS can be assigned.
It will be held for however long HO take to decide about the suspension or revocation. You cannot apply if you don't have a COS.
3) Will this application count towards ILR on 5 years on Tier 2 visa basis. I'm not interested in the 10 year ILR route.
Probably, if you are approved at some point. If your visa expires and your application is refused after revocation, then you will be an overstayer.
3) Lets say 6 months down the line, my employer's licence is revoked, what will happen to my tier 2 timings, will the time in extension application count towards Tier 2 five years or no. If no, will it be considered a break in 5 years. My 5 years finish next year Feb 2019. I'm not looking towards 10 year ILR, that would take me another 4 years. I am interested in making ILR application in 2019 on a 5 years Tier 2 visa basis. My concern is will making an application during suspension cause a break in my 5 years if my employer's licence was eventually revoked.
Suggest start looking for a new sponsor now but it might still not be enough time given that your visa expires in April.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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