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Tier 2 Licence Suspended

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

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shal
Newly Registered
Posts: 4
Joined: Wed Dec 04, 2013 11:01 am

Tier 2 Licence Suspended

Post by shal » Wed Dec 04, 2013 11:28 am

Had a sudden visit from Complaince Officer in the 1st week of October

got a letter

today saying they have suspended the Tier -2 Licence and had given 28

days time to respond Reasons mentioned are
(My SOC Code is 1163) Retail Manager


Paragraph 191

i am getting paid by cheque what they say is

** All Payments you make to migrants that you sponsor under Tier-2

General must be made into the migrants bank account which can either

be in Uk or Over seas.

My employer pays me by cheque which i deposit into my account earlier

but for the last 3 months he started transfering the money directly into

my account .

2) My Job title is a Retail Manager

My Job description on the COS is

" Managing and motivating a team to increase sales and ensure efficiency
analasying sales figures and forecasting future sales volumes to maximise
profits.Using information technology to record sales figures and for data analysis and forward planning .Dealing with staffing issues: recruting potential staff conducting appraisals and performance reviews and providing ororganising training and development.Ensuring standards for quality customer service and health and safety are met.responding to customer complaints and comments.Taking accountability for the quality of the stock ,service,sales and losses.Meeting performance tragets including sales,stock control and costs.Prompting the organisation locally
by liasing with the communtiy in General.Updating colleagues on business performance new intiatives and other pertinent issues.Intiating changes to improve business"

However i have told to the compliance officer that my Job was

to prepare work deatails for staff and allocate work, Ordering stock, Merchandising,Stock replenishment,day to day cash transactions ,Managing the complete Retail store.

Paragraph 656(p) They have Reasoned

we may revoke your Licence if :

p) The role undertaken by a Migarnt you have sponsored does not meet

I. the job description in the code of Practice containing the SOC code state on the Cos you have assigned to them (Unless this is soley due to the transition from SOC 2000 to SOC 2010); and /or

II. the job description on the COS that you assigned to them

3)you do not have a system in place to monitor the absence and of your sponsored workers.This contravenes Appendix D of the tier 2 Guidance which says you must keep a :

Record of the migrants absence(s).For example,this may be kept either electronically or manually.

we beleive the issues described above constitute a failure to comply with your sponsor duties

They have suspended the Licence and given 28 days time to make representations including submitting evidence in response to this letter.Fail to do so will revoke the licence.

what are the chances now i have exactly one year left to apply for ILR now fingers crossed how to overcome the situation and what are the probabilities to get the licence back .This is will be a great releif if some one guides me or atleast give me an idea on the probability.

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Wed Dec 04, 2013 11:59 am

To answer your question about chances, it is not a raffle and they will get licence back if they address the isues. What else can be said; we are not intimately familiar with the operations of your employer?

shal
Newly Registered
Posts: 4
Joined: Wed Dec 04, 2013 11:01 am

Tier 2 licence suspended

Post by shal » Wed Dec 04, 2013 3:25 pm

Hi Tier2 licence get revoked I have 60 days time left can I switch to student in country application from tier 2 general to tier 4 I am near to 10 years long residency that's the reason Thanks

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Wed Dec 04, 2013 3:37 pm

You can switch if you meet the general requirements. Not knowing anything about you personally, I can't confirm your eligibility. Read the policy guidance.

shal
Newly Registered
Posts: 4
Joined: Wed Dec 04, 2013 11:01 am

Re: Tier 2 Licence Suspended

Post by shal » Fri Jan 10, 2014 2:51 pm

Sent a Reply with cheque payments made to me by my employer proof as

Payslip & Bank statements

sent last 6 months time sheets and absecnce sheet

written a letter by my solicitor saying that the job description which i mentioned to Complaince officer is also a part of the

duties as a retail manager

still waiting reply from Sponsor Licence unit almost 12 days completed dont know how long it takes

shal
Newly Registered
Posts: 4
Joined: Wed Dec 04, 2013 11:01 am

Re: Tier 2 Licence Suspended and Reinstated

Post by shal » Mon Feb 10, 2014 4:09 pm

Thanks every one for there suggestions the HO was happy with our Replies and reinstated the licence

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