Error found - ISC liable Vs Exempt in COS - help required ASAP

[Preethi2018]

Hi Everyone

I started being on Tier2 visa with my company(let us say Company 'X') from April 2014(before which I was on Tier4 as a student). My husband is my dependant(he was on PSW before he became my dependant and was on student visa before this even). After first three years of Tier2 visa completion, in May 2017 last year I got the visa extended till 2020 for myself & my husband from company X .

In September 2017, we were suddenly given TUPE letters saying that new company Y has taken over the business completely. As this new company did not have the sponsor license , they actually applied for License.The Audit has-been conducted by Home Office on Dec 1st.Even after several months after this date we didn't hear anything from company ( through other contacts within company, came to know that home office refused application and our employer has been appealing in the court and case going on for months,that is why employer hadn't told us anything it seems for several months after Dec1st).

All of a sudden, employer informed us in April2018 saying that home office is coming for ReAudit on April25th..As said, home office ppl came again on this day recently and conducted Audit againfor new company Y sponsor license.

While myself & my husband have been eagerly waiting about the audit result status for new company Y following recent ReAudit on April25th, Suddenly last Friday (4th May) - myself and my husband received 'CURTAILMENT TO LEAVE' letters.They gave deadline till July8th 2018.The reason to leave in this letter says that this letter is issued to both of us as Sponsor license of conpanyX expired in Jan18(doesn't say anything related to audit result of company Y as reason).The printed date of this letter is May1st.

My concern is-
Company takeover happened in September , we were given TUPE letters in September itself after which I belong to new company Y , but not company X anymore. The Audit had happened twice for sponsor license of new company Y.

Why is this letter stating the reason like that, I don't belong to old company ryt.Im under new company whose audit happened recently.

Can someone please please suggest me what to do? Does this effect my husband's working rights? he is working on a permanent job for a retail company.So can he still continue his work?

Looking forward to hearing from someone ASAP. Please help us!

[cyclina1]

Hi Everyone

I started being on Tier2 visa with my company(let us say Company 'X') from April 2014(before which I was on Tier4 as a student). My husband is my dependant(he was on PSW before he became my dependant and was on student visa before this even). After first three years of Tier2 visa completion, in May 2017 last year I got the visa extended till 2020 for myself & my husband from company X .

In September 2017, we were suddenly given TUPE letters saying that new company Y has taken over the business completely. As this new company did not have the sponsor license , they actually applied for License.The Audit has-been conducted by Home Office on Dec 1st.Even after several months after this date we didn't hear anything from company ( through other contacts within company, came to know that home office refused application and our employer has been appealing in the court and case going on for months,that is why employer hadn't told us anything it seems for several months after Dec1st).

All of a sudden, employer informed us in April2018 saying that home office is coming for ReAudit on April25th..As said, home office ppl came again on this day recently and conducted Audit againfor new company Y sponsor license.

While myself & my husband have been eagerly waiting about the audit result status for new company Y following recent ReAudit on April25th, Suddenly last Friday (4th May) - myself and my husband received 'CURTAILMENT TO LEAVE' letters.They gave deadline till July8th 2018.The reason to leave in this letter says that this letter is issued to both of us as Sponsor license of conpanyX expired in Jan18(doesn't say anything related to audit result of company Y as reason).The printed date of this letter is May1st.

My concern is-
Company takeover happened in September , we were given TUPE letters in September itself after which I belong to new company Y , but not company X anymore. The Audit had happened twice for sponsor license of new company Y.

Why is this letter stating the reason like that, I don't belong to old company ryt.Im under new company whose audit happened recently.

You should contact your employer and ask the real situation of the license up-to-date. Ask your employer to write you a letter to confirm the TUPE and you are now lawfully working with company Y. Audit is also in progress.

Also contact the HO immediately for the situation, and provide them the letter from your employer. The HO may just wrongly issue you the curtailment letter.




Can someone please please suggest me what to do? Does this effect my husband's working rights?

It won't be affected although leave curtailed at this moment.

he is working on a permanent job for a retail company.So can he still continue his work?

Yes he can as long as his dependent visa is valid.

Looking forward to hearing from someone ASAP. Please help us!

[Preethi2018]

Thank you for answering previously.

Another query -

In this situation, if I get sponsorship from another company, i think I need to apply for visa again due to change of employment.Is it ok.if only I apply for visa OR should my husband also need to.apply for visa (as curtailment letters are sent to.both of us).

Please can you update

[CR001]

If you have both received curtailment letters curtailing your visas, then you will both have to apply if you find a new sponsor.

[Preethi2018]

Ok.

Last year (May 2017) when I got my visa extension done , as the cos is issued for 3 years and Tier2 extension applied for 3 years, I paid NHS surcharge fee for both of us till 3 years.

Considering this curtailment letter now, incase sponsor is ready to provide me sponsorship for 1 year, is it enough if we just pay visa fee for both of us OR again should I need to pay NHS fee for both of us?

Also should i fill tier2 online application or tier2 extension application?

[Djsuccess]

Ok.

Last year (May 2017) when I got my visa extension done , as the cos is issued for 3 years and Tier2 extension applied for 3 years, I paid NHS surcharge fee for both of us till 3 years.

Considering this curtailment letter now, incase sponsor is ready to provide me sponsorship for 1 year, is it enough if we just pay visa fee for both of us OR again should I need to pay NHS fee for both of us?

Also should i fill tier2 online application or tier2 extension application?

You will need to pay the IHS again. You might be able to get a refund for the remaining part of the initial IHS payment

[Preethi2018]

Ok. Is it ok if I apply mine under same day premium service and once mine is done later can I post my husband's application.

Also, should the online application I fill should be fresh tier2 or extension application? please share any relevant links.

[Preethi2018]

Hi

Reposting my previous query, to give better clarity on what exactly I'm looking for.

Considering the curtailment letters which myself (main applicant) and my husband(dependant) have received - WHICH application online should i fill?

Will it be Tier2 General (Fresh) OR Tier2 General Extension? PLEASE SHARE THE RELEVANT LINK HERE so that i will try to follow the same link & fill the online application.

Also, to save some cost, I'm planning to go for Premium service so that I can get the decision same day (in this case, when will i receive my new BRP) and thinking to send my husband application later by post once i receive my BRP. Will this approach be ok?

[Preethi2018]

Hi

I've been on Tier4 student visa from August 2012 to
April 2014.

Switched to Tier2 (got approved for 3 years) from April 2014 to May 2017, sponsorship offered by Company 'X'.

Extended Tier2 visa (got approved for 3 years) from
May 2017 to May 2020, sponsorship offered by Company 'X'.

However in September 2017, The Company 'X' tas been taken over by Company 'Y'. As Company 'Y' didnty have sponsor license, they applied for it within 28 days after September 2017. Regarding the license for Company 'Y',Audit has been conducted by Home Office on Dec 1st 2017.After this date, till next 4 months, inspire of asking several times, employer has not told anything about what exactly happened with the license.

After 4 months, suddenly the employer informed that ReAudit is going to take place again on April 23rd 2018.As said, audit has happened 2nd time for sponsor license of Company 'Y'.

After this April 23rd 2018, while myself and my husband)my dependant have been waiting eagerly for audit result, we BOTH received curtailment letters on May 4th 2018 (printed date -May 1st 2018) . On the curtailment letter, reason stated for curtailment to leave is because Sponsor license of Company 'X' has expired.However , audit result of Company 'Y' is not yet out, as being told by our employer.

On the curtailment letter, home office has given us deadline till July8th 2018.

Will my curtailment letter effect my ILR in future in anyway, under 5 years Tier2 Route????

If I obtain a COS from any other employer before June ending 2018, if I submit application for Tier2 by post before June ending 2018 (which falls within 60day time period deadline given by home office till July 8th ), will this be ok for my eligibility for ILR next year in 2019, under 5 years route?OR any chances anywhere breaking continuity?


Also, can I still work for Company'Y' after curtailment letter (reason stated as license of Company 'X' expired, but nothing related to Company 'Y' stated in letter).also audit result is not yet out and during the take over in sep2017 itself, company issued us TUPE letter.

Kindly, can someone respond ASAP.

[Preethi2018]

Hi

Myself (Tier2 main applicant) and my husband (dependant) have received curtailment letters on May 4th, giving us deadline till July 8th.

I'm currently in the process of finding new sponsor to submit fresh Tier2 General application before this date, by post.

My question is just incase for some reason if home office refuses to issue new visa for us, will they ask us to immediately leave the country OR will they give us some time to stay again to submit new application OR not , also will right to appeal be given or not.

Can someone please help us asap.

[CR001]

Hi

Myself (Tier2 main applicant) and my husband (dependant) have received curtailment letters on May 4th, giving us deadline till July 8th.

I'm currently in the process of finding new sponsor to submit fresh Tier2 General application before this date, by post.

My question is just incase for some reason if home office refuses to issue new visa for us, will they ask us to immediately leave the country OR will they give us some time to stay again to submit new application OR not , also will right to appeal be given or not.

Can someone please help us asap.

If you are close to your curtailment date, you will have to leave by the date your visa is curtailed to. If it is after your curtailment end date, you will likely be told to leave and get your passports at the airport.

There is NO appeal rights for PBS route applications.

[Preethi2018]

I think this is usually the case if no application is submitted before the deadline is given in curtailment letter.

Couple of my friends who also received curtailment letter actually submitted fresh Tier2 application and when that also got rejected, they are saying that they got 28 days time along with right to appeal.


Could you please double check this and let me know. We are definitely going to submit new Tier2 application Before our deadline on July 8th.Most probably, we will post our visa in last week of June. For example : If the home office gets back after 2-3 weeks which would then be 3rd/4th week of July and if their decision says that they are not approving the visa. This is exactly where I'm trying to understand will they given time or not.

Kindly clarify ASAP.

[CR001]

Couple of my friends who also received curtailment letter actually submitted fresh Tier2 application and when that also got rejected, they are saying that they got 28 days time along with right to appeal.

This cannot have been recent as there have been no appeal rights for PBS migrants for a couple of years now. You would only have the option of Administrative Review and that is for if you believe HO have made an error.

Also note that there is no longer a '28 days' period. It is now only 14 days.

[Preethi2018]

14 days will be given??? which means incase they reject visa, within next 14 days, can i submit a fresh application??? BECAUSE my husband will be eligible for ILR in 10 years route in Aug/Sep.

So, from you said, if they reject this visa and give us 14 more days to stay in country, within those 14 days can we put forward a new application which may be his FLR to buy additional time (if this situation happens in july) or ILR (if this situation happens in Aug/Sep)

[Preethi2018]

Hi can someone please respond asap on my above query?

[Djsuccess]

14 days will be given??? which means incase they reject visa, within next 14 days, can i submit a fresh application??? BECAUSE my husband will be eligible for ILR in 10 years route in Aug/Sep.

So, from you said, if they reject this visa and give us 14 more days to stay in country, within those 14 days can we put forward a new application which may be his FLR to buy additional time (if this situation happens in july) or ILR (if this situation happens in Aug/Sep)

You cannot apply for a Tier 2 visa without a COS or a sponsor. What category of visa are you planning to apply for?

[Preethi2018]

I would be receiving COS soon from new employer, so it would be a Tier2 General application (myself - main applicant) and my husband (dependent). We are planning to applying by post mostly by last week of June.

My question is - in the worst case scenario, for some reason if home office refuses to issue this visa and if this is known in 3rd/4th week of July..

Will we be surely given 14 days time for admin review so that can we utilise those 14 days and putforward either another tier2 application OR can my husband putforward FLR within those 14 days (as he is eligible for his ILR in Sep17).

[crazy_p]

As I saw this thread 2-3 times now, just sharing some info which I know very well from some experience. Not sure if this will help or not. Apologies if not.

If you post your new application before your visa curtailed date, you've got the section 3C cover. And it is a valid application (Though it got rejected, unfortunately as you assume here). In this case, as per my knowledge with recent experience, HO will hold your passport (Including your husbands') and will send you a letter saying you've got X number of days to go to the admin review.

If you are not going for the AR, you can submit another application during that X days period. as you are still covered with 3C I guess (Again, not 100% sure)

If you go to the admin review (Keep in mind that you cannot submit NEW supporting documents to AR), it will be considered within 28 days (Most likely in a couple of weeks). If you fail from the AR, it is very important to note that you will lose your section 3C cover as your visa is no longer valid and you become an overstayer.

Then you will get a letter again from HO instructing you to leave the country and your passports will be given at the airport. Though you submit a new application within these days and got approved, you are an overstayer by the time as your AR failed and no more section 3C cover.

You may be thinking to submit a new application while your AR hearing. Keep in mind, once you submit a new application during the AR, there also, you are loosing the section 3C cover as your current visa is expired (ALREADY CURTAILED) by the time, and you become an overstayer. (As per my knowledge*** Not 100% sure. Best to check with lawyers, etc. if you got to this point.)

**Finally, there are so many if else statements in this. The very best thing is to submit your new tier 2 application correctly with all necessary supporting documents, etc. Make sure to keep all proofs and always use Royal Mail tracking service as this information will be so valuable one day! Hope you'll make it a success and wish you all the best.

[Preethi2018]

Thank you very much for the information. Hope this helps.


So, which for this Tier2 new application now, it would be extension Tier2 application that I need to fill online OR new tier2 application OR Change of employement? Can you please share the correct link of which application to fill online.

[Preethi2018]

Hi

Myself (Tier2 main applicant) and.my husband (my dependant).

It's so far been 4 years now that I'm working for a company (they are taken over by new business recently who don't have sponsor license and their audit is still in progress). Unfortunately in the meanwhile, myself andy husband received curtailment letter from HO on May 4th 2018 saying the reason as sponsor license of old ompany expired.

The deadline in curtailment letter says 8th July 2018 by which we should leave the country OR either submit fresh application for further leave to remain.

My query is - Due to high cost implications, we won't be able to go under premium category for my tier2 visa.Planning to post both mine and my husband application at the earliest.

I just wanted to understand that is it enough if we submit by post before 8th July OR is it like this date is not just to submit the application but also the deadline before which we need to get new visa approved (only possible if we go premium now).

Can someone clarify this ASAP.

Many thanks in advance.

[CR001]

Please keep all your posts on this particular issue in ONE topic. Merged again!!!

See Multiple Topics/Posts (click)

[CR001]

You must APPLY before the date of your curtailment letter.

[Preethi2018]

Hi

Myself a Tier2 General main applicant, first time I applied for Tier2 General visa was on April 2nd 2014, which got approved from April 25 2014 - May 5 2017.

With the same employer, I got visa extended last year.They issued me COS after April 6th 2017 .This COS issued last year states Tier& Category as : Tier2 General - Extensions - ISC LIABLE.I got visa from May 2017 - May 2020.

Unfortunately, this company has been taken over by another in Sep 2017.While the new company is trying to obtain sponsor license and while the audit is still in progress, myself (main applicant) and my husband (my dependant) got Curtailment to Leave letters giving us deadline till 8th July.

I have secured new sponsorship with different employer , but with same job and same SOC code that I'm holding from 2014. My new COS issued by this new sponsor states Tier&Category as Tier2 General - Changes of Employment- ISC EXEMPT.Below are 2 queries.

1. As this new COS saying ISC Exempt, is this an error.Should it be exempt or liable???

If it is not an error, then how come last year during my visa extension, previous employer mentioned ISC Liable..

Please can someone suggest ASAP if ISC Exempt on new cos by new sponsor is ok to leave as it is OR should I request them to make corrections (can they edit cos now as I already received)


2. The new cos says Tier2 General-Changes of Employment- ISC Exempt

We are planning to submit by post before curtailment letter deadline which is 8th July.

In the online home office website, Im NOT anywhere finding any Application for Tier2 Changes of Employment.Due to my curtailment letter situation and new sponsorship from different employer now, which application should this be now - Extension tier2 OR is there any separate Change of employment application form on website(unable to find any such application form) OR new Tier2 application (this falls under switch category on website but looks like this case applies is only for ppl switching from other visa categories to Tier2 General first time, not valid in my case ryt???).


Kindly can someone help me with both these queries ASAP.

[CR001]

Please keep all your posts on this particular issue in ONE topic. Merged again!!!

See Multiple Topics/Posts (click)

Can you please desist from starting new topics. You will not be asked again to keep your questions on the same issue in one thread/topic.

Your employer is ISC exempt.