expired sponsor license

good am everyone.

I am on a tier 2 visa and i have been working for my employer for 4 years. I just found out that their sponsorship license has expired already, 3 months ago. I informed the manager and they decided to dismissed me. My tier 2 Visa is still valid and will expire in 2019 December. Im still looking for work.

My question is.
1. can i file an unfair dismissal case against ny employer as they did not inform me that their licese has already expired? but they still let me work even though their sponsor license has expired

2. how long can i stay here in UK before i get deported? i still got a valid tier 2 visa.

A couple of things seem to be at odds with my understanding of the system.

How did you as an individual know the licence had expired rather it being suspended/revoked?
Why did you bring it to the attention of your manager rather than the other way around?
Was there any notice period served or paid for in lieu of notice?
Did your employer issue you with a letter / document to explain why your employment was terminated?

The Home Office usually chases up Sponsors if their licence expires and there are still “live” visas on the system, hence I am surprised at the lack of knowledge on the expiry of the licence.

Was there a visit before the expiry of the licence that you are aware of?

As per your questions.

Employment Tribunal will not succeed as the employer is bound in law to terminate your employment as they did not have the legal right to employ you. In essence immigration law supersedes employment law. If however you were not paid your notice period you can ask for that amount of pay and failing payment you could seek redress through ET or small claims court.

The Home Office would be far more interested in the fact that you were still employed post expiry of the licence and could issue a penalty to your employer for that reason.

You will at some point receive a visa curtailment notice, it will give you 60 days to apply for another visa or leave the country. It will take a good few weeks before it gets issued normally. In your case because of the expiry I am unsure if that speeds the process or not.

i found out that their sponsor license was expired already because my trade union has advised me to check their sponsor license first before i apply for my ILR to be sure. I have asked the manager to give me a copy of their sponsor license..

thank you

The company has sent me a termination letter. It says in the letter " further to our meeting, your ability to work for the company in the light of expired Certificate of Sponsorship, and the impact this has on your future employment with us, unfortunately we must now advise you that the company is left with no alternative other than to terminate your contract of employment due to statutory bar. "

before they sent me a termination letter. Me and my manager had an appeal meeting. During the meeting, he admitted that he did not renew the sponsor license as he thought there is no need to renew it , because he said to me that i am going to apply for an ILR anyways so there is no need for a sponsor license. I am planning to file an unfair dismissal claim as I believe that I have the right to be given a notice that they are not gonna renew their license so that I can look for another employer.

There is no right in law to be given notice of a Sponsors intent not renew a Sponsor licence. The renewal of a licence is not automatic or guaranteed so your employer is not able or required to guarantee your ongoing employment when it is subject review / grant by the Home Office.

Unfortunately I have seen a number of cases like this and those that sought unfair dismissal in the same circumstances have all failed. The ET can not rule or insist that your Sponsor applies or continues to hold a licence.

ohh.. thats a huge misfortune on my part then.. i felt that the least the manager could do that time is to inform me that he doesn't intend to renew their sponsor license.. he kept it a secret even though he admitted that the Home Office keeps on notifying them that the license is about to expire.

Can I ask you another one please? . I have worked with an expired sponsor license for 3 months. Would it affect my ILR application next year? as I have worked illegally for 3 months?

It will not be considered as illegal working for the purposes of your ILR - you are not the party at fault- you hold and continue to hold valid leave until your visa is curtailed or expires.

My humble advice is to seek a new Sponsor ASAP as what will count against your ILR application is the period of unemployment. And in any case you need to be Sponsored to apply for ILR in any case.

I am not an employment lawyer but I have a breadth of knowledge on cases that are a near match to your circumstances. Immigration laws trumps employment law and there is a deliberate slant against migrants imbedded in the Tier 2 guidance e.g. a Sponsor must make same role Tier 2 employees redundant regardless of service etc ahead of settled workers. So it is clear your employment rights sit behind that of settled workers.

In the same vain there is no compulsion for Sponsors to pay the salary that allows you to seek ILR - maybe this was an acceleration of this by your previous employer as perhaps your salary does not make the threshold??

Not what you want to hear but it might help you focus on the most important thing - getting a new Sponsor and preparing for ILR

Frontier Mole wrote: ↑

Sat Feb 23, 2019 8:40 am

My humble advice is to seek a new Sponsor ASAP as what will count against your ILR application is the period of unemployment. And in any case you need to be Sponsored to apply for ILR in any case.

Why will a period of unemployment affect ILR?? The 60 days employment gap rule was removed.

During my job search interview this week. my potential employer told me that the processing time for CoS application, and application for a new tier 2 visa may take 2-3 months. could the HO deport me while im processing my tier 2 application.?

snooze light wrote: ↑

Sat Feb 23, 2019 9:35 am

During my job search interview this week. my potential employer told me that the processing time for CoS application, and application for a new tier 2 visa may take 2-3 months. could the HO deport me while im processing my tier 2 application.?

If you submit your Tier 2 application in time then you should be fine even if the application outcome takes 2 to 4 months.

CR001 wrote: ↑

Sat Feb 23, 2019 9:01 am

Frontier Mole wrote: ↑

Sat Feb 23, 2019 8:40 am

My humble advice is to seek a new Sponsor ASAP as what will count against your ILR application is the period of unemployment. And in any case you need to be Sponsored to apply for ILR in any case.

Why will a period of unemployment affect ILR?? The 60 days employment gap rule was removed.

Apologies if I have not kept up to date on the ILR side - if unemployment is no longer a negative for ILR purposes ignore that point please.

thank you very much for your help Frontier.

as per your question.. i am exempted when it comes to salary threshold as i am on the shortage list occupation. it is now clear that my misfortune was just a simple case of negligence. in my contract it says that my employer will give me 5 years CoS. but they didnt honor the contract as they failed to renew the sponsor license after 4 years.

I hate to argue against your view but they have met their part of the deal - they issued the 5 year COS. So no breach of contract there.
They can’t be held to account for anything outside of the time span of the COS, they are not able to guarantee a visa is issued or that they keep their Sponsor licence as that is up to the Home Office...

Unless the contract states clearly that they will do everything within their power to maintain their licence in order to continue to sponsor you for the duration of your visa then there is nothing you can rely on in law.

Are they incompetent - by the looks of it yes. Are they responsible- yes. Are they compelled by law to marination their licence - no they are not.

The best I believe you could achieve is a claim for loss of earnings from your termination date until you find another sponsor and you start employment.

How are you getting on with finding another job / sponsor?

"I hate to argue against your view but they have met their part of the deal - they issued the 5 year COS. So no breach of contract there."
----as i remembered.. the CoS was issued January 2015 and has expired November 2018. That is, even less than 4 years worth of CoS. - - In my contract we agreed on 5 years of CoS.

My potential employer told me that they will contact someone from immigration and ask, if it is still possible for me to apply for a new tier 2 visa. and if there will be no problems, they will start the CoS application next week.

There is absolutely no problem with you being able to apply for another Tier 2 visa. There are no barriers to you moving employer and as you are in a shortage occupation then no RLMT either.

Does your new Sponsor have a spare COS - if yes then you can apply immediately once they issue it.

Frontier Mole wrote: ↑

Sun Feb 24, 2019 5:53 am

There is absolutely no problem with you being able to apply for another Tier 2 visa. There are no barriers to you moving employer and as you are in a shortage occupation then no RLMT either.

Does your new Sponsor have a spare COS - if yes then you can apply immediately once they issue it.

Yes, they have extra CoS. but they said they are going to make sure and ask someone from immigration first.. that i am not going to be refused.. as my new employer will pay for everything, they will even cover the cost of my tier2 visa and the IHS. but im feeling positive now, after we had this conversation.. the feeling of anxiety about being deported already goes away..

Frontier Mole wrote: ↑

Sun Feb 24, 2019 5:53 am

There is absolutely no problem with you being able to apply for another Tier 2 visa. There are no barriers to you moving employer and as you are in a shortage occupation then no RLMT either.

Does your new Sponsor have a spare COS - if yes then you can apply immediately once they issue it.

you are absolutely right Frontier.. i went to London to ask a legal advice from an employment lawyer. he says.. employers are not liable to their employees if they let them work with an expired license. they are only liable to the Home Office. He says., I can file a complain about bad faith or malice.. but it is really hard to prove.

anyways.. i have a new tier2 visa now and started working last week. . and i was not deported.. thats the most important thing. my lawyer says i can apply inmediately for ILr upon receiving my first pay slip.

sorry to intrude...
when occupation is on shortage occupation list and employer is changed then no RLMT is required...is that true?

many thanks.

batofgot wrote: ↑

Wed Mar 13, 2019 8:40 am

sorry to intrude...
when occupation is on shortage occupation list and employer is changed then no RLMT is required...is that true?

many thanks.

1. Please keep your questions in your own topic. uk-tier-2-employer-sponsored-visas/tier ... l#p1750718

3. RLMT is not required for shortage occupation jobs.