URGENT: My Employer's Sponsorship Licence expired, what are the options

Hi,

I am really in a very difficult situation. I am posting on my wife's behalf. Just realised that her employer's sponsorship licence has expired about a month ago. She was sponsored a Tier 2 General Visa for 5 years and her BRP was valid for another 2 years (till Dec-2023).

I am urgently seeking guidance on what the employer can do now?

- If the employer submits application to renew the licence, can she continue working?
- How long does it take to renew the licence
- I believe she can continue working for upto 60 day after the expiry of licence
- if the employer manages to get it renewed, her CoS and BRP is still valid?

Your wife's sponsor will have received numerous reminders to renew their licence. Why didn't they renew? Did they perhaps not wish to renew?

Once a licence expires it cannot be renewed, a new licence has to be applied for. It is not your wife's job to advise her employer what to do, they should read this document, especially section C5, and contact the HO:
https://www.gov.uk/government/publicati ... version#C5

Your wife can continue working but the HO may curtail her permission to 60 days from the date of issue of the curtailment letter (not from the expiry date of the licence!). If that happens she may try to find another job/sponsor during the 60 day curtailment period.

Thanks Manci for your prompt response.

Checked with the employer, they did not receive any reminder about this. The employer is very supportive, so there is no question of their intention. They do want to renew now at any cost, but as you mentioned it's now not possible to renew and they have to get a new licence.

Does that mean even if they get a new licence, her existing permission will be curtailed? Not sure why to find another job or sponsor if the same employer sorts out licence and issues a new CoS within 60 days?

We have not received any curtailment letter, not sure on which address they issue the letter. Or is it through email? We moved from the address reported during visa application, so more worried now.

Her employer is now contacting the HO, do we also need to approach HO?

Thanks for your help.

tej_san wrote: ↑

Fri Oct 22, 2021 5:18 pm

Checked with the employer, they did not receive any reminder about this

The HO send min. 4 reminders. There may be some glitch in the employer's IT system

tej_san wrote: ↑

Fri Oct 22, 2021 5:18 pm

We have not received any curtailment letter, not sure on which address they issue the letter

make sure the HO have your current home address. that's where any communication from the HO to your wife will go.

tej_san wrote: ↑

Fri Oct 22, 2021 5:18 pm

Her employer is now contacting the HO, do we also need to approach HO?

You don't need to contact the HO.

Wait for the outcome of the sponsor's communication with the HO.

Employer just managed to contact the HO on phone, but not of much help.

Employer asked about the status of Employee visa, but they could not find the information. They have provide a different number to contact on where they would provide information if any letter issued to curtail the visa.

Not sure, whether we should contact HO on that number to ask about this?

Home Office contact details for employers:
0300 123 4699
businesshelpdesk@homeoffice.gov.uk

tej_san wrote: ↑

Mon Oct 25, 2021 10:58 am

Employer asked about the status of Employee visa, but they could not find the information.

The employer should ask about the status of their licence, not about your visa. If they are concerned about whether they can continue employing you they should use the Employer Checking Service
https://www.gov.uk/employee-immigration ... ent-status

Thanks for your quick reply..

As an employee, do we have any right to appeal?

Strangely, a simple lapse or mistake is causing a lot of trouble for both, employees and employer. Where the HO is really helpful in many cases, I understand such a trivial issue should have some way to appeal.

The employer has been trying to get a new licence ('renew' is still they prefer) under priority route by paying additional £500, however the HO over phone said not everyone gets the priority service, it's limited to only 10 per day.

If the HO issued a curtailment letter to us, and we have not received them and then we overstay unknowingly, what are the consequences?

Employer is a very small charity organisation and struggling now. So, we are also trying to get some help if that's helpful to them.

Thanks for you replies again and sorry to trouble you but all of a sudden it looks like it's an end of the world for a very small miss

Has the employer no longer access to their SMS account?

Has the employer received any written communication from the HO?

Have you checked that they no longer appear on the list of registered sponsors?
https://www.gov.uk/government/publicati ... rs-workers

Has your employer sent an email to the business helpdesk outlining their case? One usually gets a reply in 2-3 days. businesshelpdesk@homeoffice.gov.uk

tej_san wrote: ↑

Mon Oct 25, 2021 1:56 pm

however the HO over phone said not everyone gets the priority service, it's limited to only 10 per day.

they should try at different times of the day and night

Do you have any reason to believe that the HO doesn't have your present home address? If so notify the HO.
https://visa-address-update.service.gov.uk/

manci wrote: ↑

Mon Oct 25, 2021 8:20 pm

Has the employer no longer access to their SMS account?
No, they tried to login but couldn't. Then, they tried to 'reset' the password and they got the reset password link on email. With that, they managed to 'reset' the password. However, the system didn't allow to login with the new password, looked like the system disabled the user name. Called HO asking about the login issue and they told them that it's because the licence has expired.

Has the employer received any written communication from the HO?
No, there is no written communication received by employer so far. They didn't receive any reminder emails even. Else, they would have taken action. The Employer really needs my wife to continue and without her their function would literally collapse, so they are trying everything to resolve this issue. But, being a very small charity organisation, with a very limited staff they are struggling a little bit as they don't have sufficient knowledge on the immigration and my wife is the only one for which they applied licence 4 years ago.

Have you checked that they no longer appear on the list of registered sponsors?
https://www.gov.uk/government/publicati ... rs-workers
Yes, I did check the register and I could not find the name.

Has your employer sent an email to the business helpdesk outlining their case? One usually gets a reply in 2-3 days. businesshelpdesk@homeoffice.gov.uk
The employer tried to contact through phone first which didn't help much. So, they sent a detailed email to businesshelpdesk today with a request to consider this case.

tej_san wrote: ↑

Mon Oct 25, 2021 1:56 pm

however the HO over phone said not everyone gets the priority service, it's limited to only 10 per day.

they should try at different times of the day and night
Do you mean trying to get a priority service at different times?

Do you have any reason to believe that the HO doesn't have your present home address? If so notify the HO.
https://visa-address-update.service.gov.uk/

I am not sure how and who updates HO about present home address. The only time we mentioned our address to HO was 3 yrs back when we applied for Tier 2 General Visa. I have not heard that we need to contact HO whenever we change address, and there is no system in place where we can do that unlike HMRC. We moved our address 3 times since our visa application. So, really note sure if HO knows our present home address, but I believe they won't have our current address for sure as we moved to a new place 6 months back and there was no reason for us to contact HO for anything.

Thanks a lot manci for taking interest in our case, and your replies are the only help we are getting at the moment. Have been trying to google for last 3 days, but there is nothing available around this situation. Everyone is just suggesting 'to find a new sponsor'. No one has mentioned anything about possibility to continue with the same employer if they get a new licence or manage to renew it somehow.

Thank you once again

manci wrote: ↑

Mon Oct 25, 2021 8:20 pm

Has the employer no longer access to their SMS account?

No, they tried to login but couldn't. Then, they tried to 'reset' the password and they got the reset password link on email. With that, they managed to 'reset' the password. However, the system didn't allow to login with the new password, looked like the system disabled the user name. Called HO asking about the login issue and they told them that it's because the licence has expired.

manci wrote: ↑

Mon Oct 25, 2021 8:20 pm

Has the employer received any written communication from the HO?

No, there is no written communication received by employer so far. They didn't receive any reminder emails even. Else, they would have taken action. The Employer really needs my wife to continue and without her their function would literally collapse, so they are trying everything to resolve this issue. But, being a very small charity organisation, with a very limited staff they are struggling a little bit as they don't have sufficient knowledge on the immigration and my wife is the only one for which they applied licence 4 years ago.

manci wrote: ↑

Mon Oct 25, 2021 8:20 pm

Have you checked that they no longer appear on the list of registered sponsors?
https://www.gov.uk/government/publicati ... rs-workers

Yes, I did check the register and I could not find the name.

manci wrote: ↑

Mon Oct 25, 2021 8:20 pm

Has your employer sent an email to the business helpdesk outlining their case? One usually gets a reply in 2-3 days. businesshelpdesk@homeoffice.gov.uk

The employer tried to contact through phone first which didn't help much. So, they sent a detailed email to businesshelpdesk today with a request to consider this case.

tej_san wrote: ↑

Mon Oct 25, 2021 1:56 pm

however the HO over phone said not everyone gets the priority service, it's limited to only 10 per day.

manci wrote: ↑

Mon Oct 25, 2021 8:20 pm

they should try at different times of the day and night

Do you mean trying to get a priority service at different times?

manci wrote: ↑

Mon Oct 25, 2021 8:20 pm

Do you have any reason to believe that the HO doesn't have your present home address? If so notify the HO.
https://visa-address-update.service.gov.uk/

I am not sure how and who updates HO about present home address. The only time we mentioned our address to HO was 3 yrs back when we applied for Tier 2 General Visa. I have not heard that we need to contact HO whenever we change address, and there is no system in place where we can do that unlike HMRC. We moved our address 3 times since our visa application. So, really note sure if HO knows our present home address, but I believe they won't have our current address for sure as we moved to a new place 6 months back and there was no reason for us to contact HO for anything.

Thanks a lot manci for taking interest in our case, and your replies are the only help we are getting at the moment. Have been trying to google for last 3 days, but there is nothing available around this situation. Everyone is just suggesting 'to find a new sponsor'. No one has mentioned anything about possibility to continue with the same employer if they get a new licence or manage to renew it somehow.

Thank you once again

As the employer can no longer log into their SMS account and they don't appear in the list of registered sponsors they currently don't have a sponsor licence

tej_san wrote: ↑

Mon Oct 25, 2021 9:29 pm

No, there is no written communication received by employer so far. They didn't receive any reminder emails even. Else, they would have taken action

For not receiving reminders to renew the sponsor licence there could be various reasons. The HO can of course make mistakes but a more likely explanation would be something io do with the employer' IT system or failure by them to notify the HO if their contact details changed. I expect they set all this out in their email to the Business Helpdesk.

tej_san wrote: ↑

Mon Oct 25, 2021 9:29 pm

Do you mean trying to get a priority service at different times?

yes, as availability is limited this is a question of trying at different times of the day or night

tej_san wrote: ↑

Mon Oct 25, 2021 9:29 pm

I am not sure how and who updates HO about present home address.

You do. Please refer to the link given in my previous post:
https://visa-address-update.service.gov.uk/

tej_san wrote: ↑

Mon Oct 25, 2021 9:22 pm

Have been trying to google for last 3 days, but there is nothing available around this situation. Everyone is just suggesting 'to find a new sponsor'

For the rules around the renewal sponsor licences please refer to the linked document given in my earlier post:
https://www.gov.uk/government/publicati ... version#C5
For your wife's situation please refer to my post on 22 Oct @ 4.52. If the sponsor licence expired 1 month ago and even if the HO sent a curtailment letter to a wrong (previous) address you are not overstaying at present. Also, there is usually some delay sending out curtailment letters and the 60 days count from the date of the letter, not from the expiry of the sponsor licence

Thanks Manci for your help.

A couple of questions for which I have been struggling to find answers are:

If the employer manages to get a new licence in priority service before the possible curtailment period, can my wife continue working beyond curtailment automatically?

Or the Employer has to issue a new CoS and she needs to apply visa again?

If she manages to apply her visa again (with the new CoS issued by the same employer under new licence) before curtailment period ends, can she continue working?

And what happens in my case (I am on her dependent visa)? Can I also continue working once she applies her new visa? Or I also need to apply dependent visa again?

Many thanks.

You'll find a lot of useful information on curtailment (now called cancellation) if you Google "ukvi + cancellation curtailment".

The employer really needs to sort out with the HO what happened around losing their sponsor licence but according to the rules if they no longer have a licence they are not allowed to employ migrant workers and can be fined if they do.

If they get a new licence a new CoS will be needed as well as new visas for you and your wife. Your permission as a dependant is linked to your wife's permission. She, and you, will not be allowed to work until the new visas are granted.

Really appreciate your help Manci.

But, I am getting more confused now.

Earlier, you mentioned that my wife can continue working for 60 days from curtailment letter issue date (if issued). We also checked today about our status and we both still have original validity (means it's not curtailed yet).

If you say we both are not allowed to work until the new visa is granted. Do you really think this is what you meant? As your earlier message contradicts.

If HO has not curtailed our visa, and if my wife manages to get her new visa sorted with new CoS issued under a new licence, she will have a new visa validity. However, my visa validity will remain the same (original) if it's not curtailed. Being a dependent, do you think I don't need to reapply my visa unless my leave to remain has been curtailed.

Do I, as a dependent, need to inform my employer about this even though there is no curtailment happened yet? Or should I inform only if it's curtailed, otherwise I am fine?

For your information, her employer is going to submit application for new licence now (they are ready since yesterday but was waiting to get reply from business helpdesk, however, there is no reply yet and they now don't want to delay further).

Many thanks for your support so far, but each day we are getting more queries.

The employer sent an email to Business Helpdesk last week to consider renewal instead of new licence to avoid further issues. Even though the employer could have submitted for new licence on Monday, they decided to wait. But, after waiting and a couple of calls with HO (where they didn't get proper help), they finally submitted the application for new licence yesterday morning and sent an email to HO to consider it on priority.

However, the employer got an email with a link to opt for priority service today morning and they immediately completed the process. However, as this is service is limited to 10 applicants a day, I am not sure they got 'selected' for priority service as the HO has not yet sent any link for payment.

Getting a licence on priority (within 10 working days) is must. If it goes for standard procedure, it will take upto 8 weeks and in that case we may have to leave this country.

We will really be in trouble if the HO doesn't consider employer's priority request.

Any idea anyone how this works. Can the employer try again tomorrow morning? There is not enough information available anywhere on this.

Many thanks in advance. Really appreciate your help so far.