ILR due - Tier2 license has been suspended (not revoked)

Hello Team,
I need an urgent help for my ILR application which is due on 4th Apr 2015.
I am applying under Tier 2 General category. But, Tier 2 license for my current employer has been suspended (not revoked). Moreover, he has already given the justification to home office and investigation is going on.
I have gone through various other posts and UKBA website (https://www.gov.uk/government/uploads/s ... _11-14.pdf) but nobody discuss this scenario.
My HR has issued an Employment Ref letter to support my PR application. According to her, she is not able to provide new COS (because Tier 2 license has been suspended) but she can perform all other routine activities such as provide reference letter to existing employee. But, my employer asked me to take an advise from experts on my case.
Am I eligible to apply for ILR even though my employer license has been suspended (not revoked)?
I would be more than grateful if you could provide your assistance on my case.
Thanks !!
Vicky

Hi Moderators,

Could you please provide your assistance?

Regards

Vicky !!

Dear Guys,

Could you please reply to my query?

Thanks !!

refer to immigration rule 245HF(d)(I): the sponsor must still "hold" a sponsor licence ....

IMHO suspension, as opposed to revocation, doesn't mean that the sponsor no longer holds the licence but this would need to remain the case at the time the decision is made. Are you applying in person on 4 April?

Thanks Manci for your reply.

Yes, I was applying in person. But, now I have postponed the application. I checked with two lawyers (paid services) plus called UKBA and everyone said that UKBA will not take any decision on my application. They will put my application on hold till Tier 2 license issue is not resolved.

Hi Vicky,

I am in a similar situation as you were a year ago with ILR application. I am waiting to apply for ILR in February 2016, and just recently my sponsor license as been suspended. Could you please let me know whether I can proceed with my ILR application in February 2016 or wait for the decision on Tier 2 license suspension from UKBA.

Regards,

Hi Vicky, Manci and experts,

Could you please help me with my query posted.

Regards, Anish

Hi Anish,

I am kind of sailing in the same boat. My ilr is due in July 2016 on 10 years route. However, my T2 extension is due in May 2016. Unfortunately my company got suspended last week & they have given us 28 days to file the reply.

Anish, as far as I know if u proceed with your ilr application under T2 category they will hold your case until they conclude the decision on your employer.

vicky123 wrote:Thanks Manci for your reply.

Yes, I was applying in person. But, now I have postponed the application. I checked with two lawyers (paid services) plus called UKBA and everyone said that UKBA will not take any decision on my application. They will put my application on hold till Tier 2 license issue is not resolved.

its true, your application will be on hold until your company sort out the license first. But I guess, you can continue to work until your visa expiry date. Can you elaborate more on what basis the license has been suspended? (Not renewed in time or other reasons) - So that members can suggest accordingly

Dear Rambo,

Actually our T2 sponsor licence was due for renewal on 29th Oct 2015 and my gut feeling is that they purposely came prior to the deadline. They stayed for good 6-7 hours interviewed a couple of my colleagues, questioned about business & organisational structure. They replied back after 3 months with suspension.

They said the employees witness statements were contradicting and they believe that the work force we have gets used towards other associated businessess within the group.

Anish,

I am kind of sailing in the same boat. My ilr is due in July 2016 on 10 years route. However, my T2 extension is due in May 2016. Unfortunately my company got suspended last week & they have given us 28 days to file the reply.

Anish, as far as I know if u proceed with your ilr application under T2 category they will hold your case until they conclude the decision on your employer.
Hi knucks
Did you get your ILR ON 10 years route , while your company’s license is suspended

Hi,

My Ilr application was approved on 10 years basis. The company was suspended in Jun 16 and my Ilr was due in Aug 16, there was a gap for 100 days.

I had filed tier 1 to cover that gap

I want to know what are my chances of getting ILR on the basis of 10 years
On 18 September a compliance officer came to my work place (surprise visit )
Interviewed my HR manager for 3 hours . I was not on the shift as I was working mostly in the evening. Then he asked my HR manger for the organisational structure , my CV
Then on 24 September he came back and took my interview for 2 hours as my SOC code is 3545
My 10 years will complete on 1st week of January 2018 .
Please all valuable members suggest what are my chances
Still waiting for the outcome of our compliance
Can you say something about this

Do not tag your questions all over the forum. Stick to your own thread where you have received advice