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Tier 2 Licence Suspended. Need some help!

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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CR001
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Re: Tier 2 Licence Suspended. Need some help!

Post by CR001 » Thu Nov 30, 2017 10:52 am

1. No. Why do you think the previous 3 years would 'disqualify' you??

2. If it is still relevant to your experience, however, you will still need £35,500pa for ILR.
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Re: Tier 2 Licence Suspended. Need some help!

Post by crazy_p » Thu Nov 30, 2017 11:01 am

CR001 wrote:
Thu Nov 30, 2017 10:52 am
1. No. Why do you think the previous 3 years would 'disqualify' you??

2. If it is still relevant to your experience, however, you will still need £35,500pa for ILR.
1. If the license is revoked, will they think that this wasn't a proper company and I had an illegal / unacceptable visa (Where we got providing false information or something) during that period?

2. Thanks and Agreed!

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Re: Tier 2 Licence Suspended. Need some help!

Post by CR001 » Thu Nov 30, 2017 11:03 am

1. No.
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Re: Tier 2 Licence Suspended. Need some help!

Post by CR001 » Thu Nov 30, 2017 11:06 am

CR001 wrote:
Thu Nov 30, 2017 11:03 am
1. No.
Unless there is something dodgy or you are working through an 'umbrella company' or 'third party agent' and are contracting.
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Re: Tier 2 Licence Suspended. Need some help!

Post by crazy_p » Thu Nov 30, 2017 11:33 am

CR001 wrote:
Thu Nov 30, 2017 11:06 am
CR001 wrote:
Thu Nov 30, 2017 11:03 am
1. No.
Unless there is something dodgy or you are working through an 'umbrella company' or 'third party agent' and are contracting.
No CR001, tbh this is a proper company and I am working as a programmer there. The facts i meant by false information or some facts means, they had mentioned that we provided some false address details. But it was a misunderstanding during the interview. I think we provided sufficient info to prove that is wrong.

But 2 major (As I feel) facts were there. We move to an upper floor of the building for a refurb and we didn't update them about that.When they visited us, we were there! But that wasn't the floor where we registered the license i guess. But the whole building owns by our boss. They told / pointed in the letter that we must update them in these cases!

Secondly, one friend worked in another company for ours. Complicated, but in short we are sharing the same servers. Hence he had to go there for kind of an upgrade for a period of time. In the interview, they had taken that serious and they may have thought that we provided third party labour. But we provided supportive information with the reply.

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Re: Tier 2 Licence Suspended. Need some help!

Post by crazy_p » Tue Dec 12, 2017 10:36 pm

Just to give an update, Unfortunately ours got revoked today!

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Re: Tier 2 Licence Suspended. Need some help!

Post by silverocks » Wed Dec 13, 2017 12:17 am

Really sorry to hear that. Do you know why exactly they revoked. Thanks for sharing.

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Re: Tier 2 Licence Suspended. Need some help!

Post by crazy_p » Wed Dec 13, 2017 1:03 am

silverocks wrote:
Wed Dec 13, 2017 12:17 am
Really sorry to hear that. Do you know why exactly they revoked. Thanks for sharing.
Hi silverocks,

I think its because of few reasons as i’ve mentioned above. But mainly cz of the planning permission issue with the company (We moved to an upper floor for a refurb which took around an year) and the employees work who worked in another company for US. He totally worked for us. Salary paid from ours too. But under T2, that is prohibitted i guess. Then a lack of a system to prove that we keep upto date address details and checking all the documents in regular intervals. They asked for a proof of a system. We had outlook programmed to send alers in every 3 or 6 months. And we scanned the documents with the director signature. But they told that it is not an effective system. (They were not satisfied with the outlook alert thing) They outlined a PROPER system and pointed that we didnt have!

Like this, so many reasons were there. If they need to revoke a license, a small bit is enough to create a ground and to get the license revoked as per my experience! And from their point of view, we haven’t met their expectations and we haven’t followed the correct sponsor duties!

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Re: Tier 2 Licence Suspended. Need some help!

Post by virat89 » Wed Dec 13, 2017 9:45 am

Hi

Sorry to hear that, Are u planning to go for a Judicial review ??

Best of luck to u to find a new sponsor. Please remember you have only 60 days from the date you received the curtailment letter from Home office.

Please update the time scale you receive curtailment letter from Home office. Someone said it will take few months to receive. It will very helpful people like us who facing the same issue

Good Luck
Virat

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Re: Tier 2 Licence Suspended. Need some help!

Post by crazy_p » Wed Dec 13, 2017 10:35 am

virat89 wrote:
Wed Dec 13, 2017 9:45 am
Hi

Sorry to hear that, Are u planning to go for a Judicial review ??

Best of luck to u to find a new sponsor. Please remember you have only 60 days from the date you received the curtailment letter from Home office.

Please update the time scale you receive curtailment letter from Home office. Someone said it will take few months to receive. It will very helpful people like us who facing the same issue

Good Luck
Virat
Hi Virat,

No point of going for a JR in this case and the management doesn't like that either. Their (HO) grounds are clear and strong. Hence I guess it's a waste of time.

Sure, I'll keep updating this with the future developments.

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Re: Tier 2 Licence Suspended. Need some help!

Post by fielddrive » Wed Dec 13, 2017 11:57 pm

Sorry to hear about your sponsor. You still have a little time before the HO collate all the employee details and send you a curtailment letter. It depends how busy the Sheffield back office is.

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Re: Tier 2 Licence Suspended. Need some help!

Post by crazy_p » Wed Jan 03, 2018 5:55 pm

CR001,

Firstly, wishing you all a happy new year! CR, I've got couple of small questions to get clarified. If you got a time, I am expecting an answer please.

As the license got revoked on 05th-10th December, now I am seeking for the options / opportunities which I still couldn't make a success. But,

1. As I still didn't get the curtailment letter, Is my stay at current employer is legal?

2. Assuming I am receiving the CL on February/March (Just an assumption to get the fact, but it will be there soon), will my continuous employment with the current employer (Having salaries as normal and paying tax as normal) eligible for not having a 60day gap between another tier 2 (Assuming if i get a chance to have a new tier 2 on March)?

If I am having a continuous salary and work with the same employer UNTIL I receive the CL, does that mean I am in the process of continuous employment without a gap? Was confusing as I saw the below line on the revoke letter.

"Please note that from the date of this letter you are no longer licensed to continue to sponsor employees or issue further CoS. Paragraph 19.9-19.15 of the T2/5 guidance provide more information relating to your existing sponsored employees"

3. If the employment gap for 60 days between 2 jobs starts from date of the revoke, do I need to find another tier 2 CoS before 5th-10th February to avoid the confusions in a case of an ILR?

4. Heard a new rule for the ILR 60 day gap is coming and will that be applicable or will i be eligible in my case if I am having a new COS for a new tier2 after 11th Jan 2018? Or is it for the fresh T2 applicants only?

Nice to hearing from you!
Thanks

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Re: Tier 2 Licence Suspended. Need some help!

Post by silverocks » Fri Jan 05, 2018 11:45 pm

Our company license Renewal application has been approved today after the visit back in December. Thanked almighty for this.

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Re: Tier 2 Licence Suspended. Need some help!

Post by crazy_p » Sat Jan 06, 2018 11:27 pm

Wishing you all a happy new year!
I've got couple of small questions to get clarified.

As the license got revoked on 05th-10th December 2017, now I am seeking for the options / opportunities which I still couldn't make a success. But,

1. As I still didn't get the curtailment letter, Is my stay at current employer is legal?

2. Assuming I am receiving the CL on February/March (Just an assumption to get the fact, but it will be there soon), will my continuous employment with the current employer (Having salaries as normal and paying tax as normal) eligible for not having a 60day gap between another tier 2 (Assuming if i get a chance to have a new tier 2 on March)?

If I am having a continuous salary and work with the same employer UNTIL I receive the CL, does that mean I am in the process of continuous employment without a gap? Was confusing as I saw the below line on the revoke letter.

"Please note that from the date of this letter you are no longer licensed to continue to sponsor employees or issue further CoS. Paragraph 19.9-19.15 of the T2/5 guidance provide more information relating to your existing sponsored employees"

3. If the employment gap for 60 days between 2 jobs starts from date of the revoke, do I need to find another tier 2 CoS before 5th-10th February to avoid the confusions in a case of an ILR?

4. Heard a new rule for the ILR 60 day gap is coming and will that be applicable or will i be eligible in my case if I am having a new COS for a new tier2 after 11th Jan 2018? Or is it for the fresh T2 applicants only?

If anyone can share any experience and thoughts, that would be great. Thanks

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Re: Tier 2 Licence Revoked. New T2 Application and RLMT

Post by crazy_p » Fri Feb 16, 2018 2:55 pm

Hi CR001,

I've got three small things to know. Not sure whether to start a new topic or not! Any advice will be highly appreciated!

As I was looking for the options, a company agreed to sponsor me starting from next month. They've done the RLMT and the HR told that they will assign the CoS next month (Most probably in 1st week or 2)

1. Is that legal? I mean is there an expiry date for the RLMT? (It's almost a month for their expected time)

2. The HRM is unsure about submitting the RLMT data. Do we need to make a PDF file with the adverts which posted in two different places and attach it somewhere? Or do I need to carry a print of that pdf for the visa application appointment with me? [When I was given the CoS form the previous company, they just added the reference numbers in the CoS where RLMT data was requested. Hence I am not sure about that]

3. Is there any restriction in issuing a CoS for a person whose company has been revoked early? The reason for my question is, I saw in this T2 forum, one had an issue assigning a CoS as his previous company got revoked? Are there any special procedures to follow? (Like contacting HO by HRM or etc)

Nice to hear from you.
Thanks again

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Re: Tier 2 Licence Suspended. Need some help!

Post by CR001 » Fri Feb 16, 2018 3:19 pm

1. Is that legal? I mean is there an expiry date for the RLMT? (It's almost a month for their expected time)
RLMT is valid for 6 months.
2. The HRM is unsure about submitting the RLMT data. Do we need to make a PDF file with the adverts which posted in two different places and attach it somewhere? Or do I need to carry a print of that pdf for the visa application appointment with me? [When I was given the CoS form the previous company, they just added the reference numbers in the CoS where RLMT data was requested. Hence I am not sure about that]
Your new sponsor needs to satisfy HO when requesting the CoS. It is not your responsibility to submit RLMT stuff.
3. Is there any restriction in issuing a CoS for a person whose company has been revoked early? The reason for my question is, I saw in this T2 forum, one had an issue assigning a CoS as his previous company got revoked? Are there any special procedures to follow? (Like contacting HO by HRM or etc)
Has your visa already expired??
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Re: Tier 2 Licence Suspended. Need some help!

Post by crazy_p » Fri Feb 16, 2018 4:01 pm

Has your visa already expired??
Thanks for all your advises as always CR.

My visa (Current BRP) was dated until 2020. After the revoke, I still didn't get the curtailment letter. Hence, I am still with my employer and I applied for this new company. And they were happy to have me from April 2018. That is why they are assigning the CoS in the middle of the next month!

Will this be a problem?

If I receive the CL within next few days (Before the CoS assigning), can they still assign the CoS? Or do they need to follow something different?

Thanks

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Re: Tier 2 Licence Suspended. Need some help!

Post by CR001 » Fri Feb 16, 2018 4:02 pm

Should be fine to issue CoS.
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Re: Tier 2 Licence Suspended. Need some help!

Post by crazy_p » Fri Feb 16, 2018 4:05 pm

CR001 wrote:
Fri Feb 16, 2018 4:02 pm
Should be fine to issue CoS.
Thank you very much for such a prompt reply CR. That gave a small relief!

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Re: Default CoS Allocation and Assigning a CoS

Post by crazy_p » Wed Feb 28, 2018 12:36 pm

Hi CR001,

Hope you are doing well! And thank you very much again for taking your time to read this. I've got a new question in the course.

I just got to know the HRM of the company who was there for a long time is gone for maternity leave or annual leave. And they are hiring a new one for a small time, but she provided confusing info. So I am back here for a small clarification.

1. I am in a need of an unrestricted CoS? (She was saying that we have to go for a rCoS and wait. She wasn't sure about that either)
“Tier 2 (General) workers who are already in the UK and who want to start work for a new sponsor”

2. The company hasn't got (Or I'll say hasn't requested the default allocation of uCoS) an unrestricted CoS available to assign as she told. (They haven't hired a T2 employee for a long time). Will it be a problem making a renewal allocation request for uCoSs to current year? Or are we too late for that? (She was speaking about the date 6th of April or something like that and wasn't sure about that either)

3. If we can ask for the annual allocation now, how long will it take to give that? And for the reason of the request, do they need to give RLMT details?

The management will write to HO asap to get this sorted.

As you helped a lot on my course, I am confident of your answers and suggestions. And I am thankful for that. If you get a time, please can you respond on this, then I can add this information to the management too.

Thanks again and Have a great day!

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Successful T2 Switch after a revoke

Post by crazy_p » Wed Apr 25, 2018 10:58 am

Good Morning CR001,

I could successfully switch the sponsor last week. I got the approval along with the new BRP. Thank you very much for all your valuable information throughout the stressful time period and hats off for the great service you are providing to thousands of us.

For silent readers: I didn't receive the curtailment letter till my new approval (Almost 5 months after the revoke)

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Re: Tier 2 Licence Suspended. Need some help!

Post by CR001 » Wed Apr 25, 2018 11:41 am

Congrats, very pleased you have managed to resolve your difficult situation.
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Re: Tier 2 Licence Suspended. Need some help!

Post by silverocks » Wed Apr 25, 2018 12:26 pm

HI Crazy_p

Great news, well done.

I am planning to switch employer, did you go to premium service? what documents did you provide, could you please list them if possible. It would help me to get things right.
Did you get the IHS refund?

Answers will be highly appreciated. Thanks.

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Re: Tier 2 Licence Suspended. Need some help!

Post by crazy_p » Wed Apr 25, 2018 1:04 pm

Hi silverocks,

Thanks and wish you good luck!

1. I used the priority service (10 working days service) [Tier 2 Priority Service]

Applied online, made it prioritised, got the biometric letter downloaded and submitted on the next day. Approval with the passport was there with 5 working days and the BRP followed by the next day.

2. I only sent the application, passport, photos, and my last BRP card only. I didn't submit any proof of qualifications as they already have these data from my last extension and applications.

3. Still, I didn't get the IHS refund, but I hope I will get that asap.

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Re: Tier 2 Licence Suspended. Need some help!

Post by silverocks » Thu Apr 26, 2018 11:07 am

H Crazy_p

Thanks for your prompt reply.

Just one confusion I would like clarify, while you start the application is it a tier 2 extension application or there is option to do employment switch application form?

Thanks.

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