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Tier 2 sponsor gone into administration

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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peakyblinders2020
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Joined: Mon Feb 24, 2020 4:07 pm
India

Tier 2 sponsor gone into administration

Post by peakyblinders2020 » Mon Feb 24, 2020 4:12 pm

Greetings all. My friend(Indian national working in the UK on a tier-2 employment visa) is dealing with a unique tier-2 visa situation.

He has completed almost 3 years on his existing visa. Recently, his company has gone into administration. Would appreciate if anyone could provide any clarification/suggestion on the road ahead as far as his employment visa is concerned.

What would be the procedure and options available, both from the employer and the employee point of view. Any advice is much appreciated. Thanks.

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CR001
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Re: Tier 2 sponsor gone into administration

Post by CR001 » Mon Feb 24, 2020 4:28 pm

He should find a new sponsor and apply for a tier 2 change of employer. If there is a TUPE process involved, he should read the guidance notes to understand the process.

Employer should notify HO of their change in circumstances.

Also useful if your friend registers to ask their own questions and it is their visa and UK future at stake. Nothing 'unique' about the situation either.
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.

peakyblinders2020
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Posts: 2
Joined: Mon Feb 24, 2020 4:07 pm
India

Re: Tier 2 sponsor gone into administration

Post by peakyblinders2020 » Mon Feb 24, 2020 4:46 pm

Many thanks for your kind response. Sorry to burden you, could you kindly answer few questions I have.

1) If he manages to get a new sponsor, would his count to getting an ILR reset to zero or would the 3 year that he has completed so far be continue.

2) What is the likely outcome if the company fails to notify the HO about the visa(Today's latest list from gov.uk still states that the company holds the certificate of sponsorship license for sponsoring employees on a tier 2 and ICT.

Thanks

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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
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Re: Tier 2 sponsor gone into administration

Post by CR001 » Mon Feb 24, 2020 6:25 pm

1. No reset. He simply needs 5 years on tier 2 and meet the requirements, including being employed at the time of ilr application and have the employer letter for his job details and all employer absence letters.

2. His visa could be curtailed to 60 days.
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.

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