URGENT: My Employer's Sponsorship Licence expired,

Dear Admin Team,

I am in need of an urgent help/advice regarding my ILR based on Tier2 (5years). My situation is as under:

- Completed 5yrs on Tier2 in Feb 2022 and started ILR application. System didn’t locate Sponsors License and found out Sponsor’s License has expired in June 2021 (7 months ago). Employer had no clue whatsoever and I never received any curtailment letter. HO has an up-to date address.
- Current visa expires on 17 Mar 2022 and company is applying for new license tomorrow.
- I read one case here and I’m exactly in the similar situation as SHAH1698.
- Please can admin request @Shah1698 to share his experience since his ILR got approved OR May I request Admin/Moderators to provide more details what I must do in this situation? And what if company doesn’t get new license before my visa expiry date? Lastly, would new license resets my clock back to zero since my COS is linked to an expired license.

Your help and advice will be very much helpful.

Thanks

Your Sponsor must renew their licences or else you cannot get ILR. Your ILR clock remains unaffected

Not sure if renewing an expired license would be quicker than a complete new application. You better ask your employer to use priority if offered, otherwise there is no way it can be approved before your visa expiry.

Thank you Zimba/Ywlgy,

Thank you so much for quick response.

Please may I request to clear my confusion over these queries:

1. Sponsor has applied for a new license today but since it will be a new license number and I have a gap of 8 months (working on expired license), does this mean I can’t apply for ILR straightaway but I must first apply for Skilled Visa under new license and spend 8 months on it to fill the gap & then apply for ILR under Tier2 (5yrs)- of course if it arrives before my visa expiry.

2. I have already completed 10 years here, so if I don’t wait for new Sponsor License and apply for ILR under LR, would I be allowed to work for the same employer during processing time or in case it goes under appeal. It’s because my current employment is based on Tier2 sponsorship. 10 year route will reset my wife’s clock to zero which is a downside but I want to make sure I won’t lose working rights if I apply via long residence in case it gets refused.

I will really appreciate if you can explain the rulings behind these 2 questions?

Thanks

1. There is no such gap. A gap is when you have no valid visa.
2. Yes your previous visa conditions extend under section 3C if your current visa runs out

Hi tarbrk13,

I am wondering how your situation has evolved?

I am in a similar situation. I am in the process of completing an ILR application after 5 years on Tier 2. Today I have been made aware my company has not renewed their sponsor licence. My company is now looking to immediately reapply for a licence, but my current visa ends on 5th March (in 2 weeks) and it is not probable that my company could receive a new licence in time for me to apply before the visa ends.

I feel my only options would be to
1 ) apply before visa expiry date without a sponsor licence number and hope to clarify the new licence number my company receives while the application is being processed.
2) apply after visa expiry but within the 14day grace period. I am not sure whether these circumstances would qualify as 'good reason' for the delayed application.
3) Seek a new employer and COS before visa expiry ends and apply for a new Tier 2 visa.

Not a great selection of options. Wondering if you (or any others) can assist with comments on own experiences.