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Tier 2 Licence Revocation and Visa status of employees

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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masud289
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Joined: Sun Aug 23, 2015 2:02 am

Tier 2 Licence Revocation and Visa status of employees

Post by masud289 » Sun Aug 23, 2015 2:19 am

Hi,

I am a Tier 2 sponsored employee. My employer's licence has just been revoked 7 days back on 16 August 2015. I have been informed by my employer that he has to take action on the revocation letter from the Home Office. Now he has struck out my name from the pay roll. I shall complete my 10 years in a month time. I have not however received any Home Office letter allowing me 60 days to find another sponsor. My question is:

a. Can I apply for ILR now before I get any letter from the Home Office?
b. What is my current status? Am I illegal now?
c. Will it be illegal if I take any sort of employment now until I get 60 days letter as living life without earning is a practical problem?

I would be extremely happy if someone can clarify the matter urgently.

Regards

Masud

geriatrix
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Re: Tier 2 Licence Revocation and Visa status of employees

Post by geriatrix » Sun Aug 23, 2015 8:27 am

1. ILR under which route? Tier 2 - No; LR - Yes, as and when you become eligible.
2. A Tier 2 migrant, No.
3. You may search for another sponsor for Tier 2.

On what date did you enter UK 10 years back?
Life isn't fair, but you can be!

masud289
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Posts: 4
Joined: Sun Aug 23, 2015 2:02 am

Re: Tier 2 Licence Revocation and Visa status of employees

Post by masud289 » Sun Aug 23, 2015 3:32 pm

Thanks Sushdmehta,

I have come to the UK on 7 September 2005. That means I shall complete my 10 years this September. I am worried - do I have to wait for 60 day letter. As I understand I have no status with the revocation of my sponsor's licence. But again I can get a chance from Home Office to look for my alternative sponsor in 60 days time. But my lawful stay of 10 years is going to be completed on 7 September 2015. It will be good if you could kindly cite authority regarding what you said i.e. I am able to apply for ILR in this period.

Thanks once again

geriatrix
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Re: Tier 2 Licence Revocation and Visa status of employees

Post by geriatrix » Sun Aug 23, 2015 4:02 pm

You are currently a Tier 2 migrant. Until you are advised by Home Office about curtailment of leave due to sponsor's license revocation, you have legal status in the UK and your current leave remains valid (323A(b)(i)). Make sure UKV&I has your current address to send you any such communication.

You have been eligible to apply for settlement under LR since 10-Aug-15. You may apply for settlement under LR any day you wish.
Life isn't fair, but you can be!

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: Tier 2 Licence Revocation and Visa status of employees

Post by geriatrix » Sun Aug 23, 2015 4:06 pm

That said, one individual cannot have two different UK entry dates and immigration history.

What's this about? Please explain.
Life isn't fair, but you can be!

manci
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Re: Tier 2 Licence Revocation and Visa status of employees

Post by manci » Sun Aug 23, 2015 8:40 pm

masud289 wrote:
I am a Tier 2 sponsored employee. My employer's licence has just been revoked 7 days back on 16 August 2015. I have been informed by my employer that he has to take action on the revocation letter from the Home Office. Now he has struck out my name from the pay roll.
read this post:
http://www.immigrationboards.com/uk-tie ... d#p1122431

unless there is something specific in the revocation letter about the continuing employment of sponsored migrants ask your employer to call the employer helpline 0300 123 4699 to confirm that they don't have to end your employment immediately on the revocation of their sponsor licence.

Remember that you also have enforceable employment rights (e.g. unfair dismissal if you have been working for the company for at least 2 years).

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