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Tier 2 ILR refused - What Options - URGENT HELP PLS

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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yhdil
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Tier 2 ILR refused - What Options - URGENT HELP PLS

Post by yhdil » Thu Dec 10, 2015 5:07 pm

Hi Guys. I wonder if anyone could comment on the issue.

My brother applied for ILR Premium Service after completing 5 Years. The application was held as the Case Worker said that they need to make further enquiries.

Today, I found out that my sponsor licence has been revoked and he intends to lodge JR against it.

What would be the possible outcome of my ILR Application? At the time of application the licence was valid.

Also I have an option of getting COS and same job from another company. Should I take up the offer and send them the copy of new COS with the pending ILR application?

Please guide me as we are very confused :(

geriatrix
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Re: Tier 2 ILR and Revoked Licence - URGENT HELP PLS

Post by geriatrix » Thu Dec 10, 2015 5:26 pm

Decide whether this post is about you or your brother ...... Half the places there is reference to "he" and then there is "my" too jumbled up in between!!!
Life isn't fair, but you can be!

yhdil
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Re: Tier 2 ILR and Revoked Licence - URGENT HELP PLS

Post by yhdil » Thu Dec 10, 2015 5:34 pm

About my brother. Could u pls address the topic

Wanderer
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Re: Tier 2 ILR and Revoked Licence - URGENT HELP PLS

Post by Wanderer » Thu Dec 10, 2015 5:54 pm

What good would a JR be?
An chéad stad eile Stáisiún Uí Chonghaile....

geriatrix
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Re: Tier 2 ILR and Revoked Licence - URGENT HELP PLS

Post by geriatrix » Thu Dec 10, 2015 5:58 pm

yhdil wrote:About my brother. Could u pls address the topic
For me to "address" it, I have to understand what's written .... and I cannot understand anything!
Life isn't fair, but you can be!

yhdil
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Re: Tier 2 ILR and Revoked Licence - URGENT HELP PLS

Post by yhdil » Thu Dec 10, 2015 5:59 pm

We are more concerned about ILR than his JR. What would be status of his ILR application as at the time of application the empolyer had valid licence but after 2 monhts its been revoked. And my brother is still waiting for his decison for the ILR premium application.

Wanderer
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Re: Tier 2 ILR and Revoked Licence - URGENT HELP PLS

Post by Wanderer » Thu Dec 10, 2015 6:01 pm

Why was the ILR application deferred? Was the application a straightforward one?
An chéad stad eile Stáisiún Uí Chonghaile....

yhdil
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Re: Tier 2 ILR and Revoked Licence - URGENT HELP PLS

Post by yhdil » Thu Dec 10, 2015 6:06 pm

We dont know much it is straight forward except one curtailment that he had. That was due to revoked licence but he went to appeal and won it.

The caseworker at premium service did enquire that if he is paid 30k/year. On that he showed payslips and bank statments. Nothing else was asked.

yhdil
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TIER 2 ILR Refused

Post by yhdil » Thu Dec 24, 2015 1:57 pm

Dear fellows,

My brother applied for ILR after completing 5 years continuous on Tier 2 General. He made same day application which was held as they needed to conduct further checks. After about two and half months they now decided his application and decided to REFUSE it.


The only REASON OF REFUSAL is that his sponsor DOES NOT HOLD VALID SPONSORSHIP LICENCE at the time of decision. However at the time of application, the employer had VALID SPONSORSHIP LICENCE to employee. UKVI quoted Immigration Rule 245 H.F.C. only.

Option 1
Please suggest if he can make Judicial Review application as no right of appeal given and only administrative review option is given. If he does go for JR, how strong is his case?

Option 2
He does now have a same job offer but better pay from another licenced employer which is much bigger and reputed company. The sponsor is willing to issue him COS if he agrees to take up the job. If he transfer himself to their licence by making fresh Tier 2 application, can he make ILR application straight away after the approval of is Tier 2 visa?

He first came to UK on TIER 2 visa on Dec, 2009 and therefore I think he does not fall into 6 years rules restrictions.

could anyone please comment on this.

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CR001
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Re: TIER 2 ILR Refused

Post by CR001 » Thu Dec 24, 2015 2:12 pm

What is the full issue regarding the sponsorship license? The sponsor would have had to provide a letter certifying that your brother was still employed and is still required in the same position.

When does your brothers Tier 2 G visa expire?
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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CR001
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Re: Tier 2 ILR and Revoked Licence - URGENT HELP PLS

Post by CR001 » Thu Dec 24, 2015 2:20 pm

Please keep your questions on the same topic of your brother in a single thread (click)
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

yhdil
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Re: TIER 2 ILR Refused

Post by yhdil » Thu Dec 24, 2015 2:26 pm

CR001 wrote:What is the full issue regarding the sponsorship license? The sponsor would have had to provide a letter certifying that your brother was still employed and is still required in the same position.

When does your brothers Tier 2 G visa expire?
Hi. Thanks for instant message.

The Employer did provide him letter with his ILR application stating that the employee is important member of his team and shall carry on doing his duties even after his ILR.

His current visa is valid till 2017. on the refusal letter, they wrote down that they decided not to curtail his leave and therefore his visa shall expire on 2017. which means he won't be given 60 days notice which is strange.

I don't know exact issues with sponsor licence but as I spoke with his employer, he said they wanted employees record including the ILR applicant which he had but incomplete at the time of visit as he was busy in sorting out his own marriage ceremony. This resulted suspension but than he sent them all the required papers but I think those papers didn't satisfy them which resulted revocation. He intends to lodge JR against his revoked licence,

Nonetheless, he gave clear letter stating that he needs this person working for his company even after his ILR and a strong letter of support was given.

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