Tier 2 Breaching of Leave ! Manci Please advice

Hi All,

I need your advice as I am in real trouble. My back ground is that I was on Tier 2 visa issued by company A. Last year I had a job offer from company B which i accepted.However, they did not have sponsorship licence but they applied for me.They also advertised the job on job center plus and another website to conduct the resident labour market test. I put my notice down to company A. My last day at work with them was 10th November and my employer notified to HO on 24th of November. Up till today I didn't received any curtailment letter from UKBA. Unfortunately, company B didn't receive the sponsorship licence till then. As company B received my services urgently I start working with them on part-time basis as I was under impression that I can take an supplementary employment under same SOC for 20 hours. We did have a pre licencing visit. And last week we received a refusal of our Tier 2 Sponsorship which says

"The Compliance Officer considered you did not fully meet the Sponsorship criteria in the areas of Record Keeping and Recruitment Practices. You were not able to provide evidence of acceptable resident labour market testing, nor were you able to provide sufficient evidence that you keep up to date record of your migrants’ right to work for you, as migrants were found to be working in breach of visa regulations."

Now after knowing this I am really shocked that where I went wrong ? . How does this term "as migrants were found to be working in breach of visa regulation" can effect my future applications? . Any chance from my new employer to re apply for sponsorship licence ? how can we rectify this issue?

Please guys help me

The company whose T2 licence application has been refused can re-apply any time but they have to make sure that the reasons for the refusal no longer apply (ref. T2 sponsor guidance para 10.3).

Without a licence they are in no position to sponsor you. You may of course try to find another sponsor.

Your personal situation is not as straightforward. As you know, the HO curtail the leave of migrants who are no longer sponsored to 60 days and they inform the migrant of the curtailment in writing (T2 policy guidance para 231). The 60 days count from the date the HO make the curtailment decision, not from the time of the termination, and there is no time limit for this decision to be made. Does the HO have your current address?

By working at company B after you finished being sponsored by company A, albeit for 20 hours/week, you were in breach of the conditions of your leave and if this happens applications for leave to remain are "normally" refused (immigration rule 322(3). However, there are mitigating circumstances in your case. A further mitigating circumstance would be if you stopped working now.

If you came to make an application once you have a CoS these circumstances should be explained in a covering letter but it is difficult to predict the outcome.

Manci , Thanks for your quick reply. Yes, Home office has my current address also my present company made a right to work check by going on to UKBA's website. They received a document stating I have got a valid tier 2 visa, Expiry date is in Dec-2015 and also I can take supplementary employment up to 20 hours within same SOc code. Thats why they asked me to work for them. Very much in trouble as this happened mistakenly. Before commencing the employment with them we checked on UKBA's website and it just stated :
Less then 20 hours per week
Same code
Same salary
outside of normal working hours

We did that and know got this shocking news. BTW I have stopped working from them and they have terminated my contract since I last received my salary . SO the only period I was breaching my visa of law was 3 months long .

Hi, sorry to hear about your issues.
Take your chance, look for a new sponsor and make a fredh tier 2 application, be sincere to explain what happened in the kast 2 months. Possibly use a solicitor and hope and pray ukba grants your FLR.
The rules can be very complex and difficult to interperate.
20 hours a week , only works when you are working for your sponsor not when you have resigned.
when you have no sponsor, then supplementary employment is unfortunately not applicable.

Well the news is now my employer is hesitating to re apply . They are thinking if there has been breached of conditions then they may probably have been black listed or so reapplying will not go in their favor and will put bad marks against company's name. Though, refusal latter says that they may reapply by making sure that the issues have been rectified. Any comments please