Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Tier 2 Home Office Compliance Visit

Only for UK Tier 2 (Employer Sponsored) points system Tier 2

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

Post Reply
talreh20
Newly Registered
Posts: 23
Joined: Fri Jun 12, 2015 11:37 am

Tier 2 Compliance Visit

Post by talreh20 » Wed Oct 03, 2018 1:44 pm

Hello experts

I hope some one will be able to help me please.
My company's sponsor licence is expiring on 10/10/2018 and they applied for the renewal a month ago.

And today, a home office personnel came this morning to conduct the compliance visit. However, level 1 user being not present at the premises, he couldn't conduct the visit. He offered to conduct half the visit by interviewing me and coming back later for the Level 1 user's interview. i declined that as i had client meetings today and couldn't accommodate him. So he left and mentioned he would arrange a suitable time over email with the Level 1 user.

So now I am really nervous to what questions he is going ask me and the level 1 user. Can any one please share their experience of the interviews? This is first time for me being interviewed by home office.


Just so you know, I am the only one person in the company with A COS. Rest of the 7 team members are British nationals.

Can any one please advise as soon possible so we can get ready for the visit.

Many thanks and waiting in anticipation for replies.

fielddrive
Senior Member
Posts: 593
Joined: Thu Sep 27, 2012 1:03 pm

Re: Tier 2 Compliance Visit

Post by fielddrive » Wed Oct 03, 2018 10:43 pm

They need to ascertain that immigration and employment laws are not being broken by interviewing your employer (level 1 user) and you (employee).

They will ask questions about the nature of your job, task handouts and maybe a bit of past experience. If you and your employer are compliant, you shouldn't worry too much about it. Just ensure all the paperwork is in order esp in relation to your employment but also generally across the board for your other colleagues.

talreh20
Newly Registered
Posts: 23
Joined: Fri Jun 12, 2015 11:37 am

Tier 2 Home Office Compliance Visit

Post by talreh20 » Mon Nov 26, 2018 11:50 pm

Dear Experts
I have couple of questions to ask. It would be very kind of you if you can answer:

Bit of my back ground:

Entry clearance visa 20 June 2009 - Sep 2011 Tier 4 Student Visa

Tier 1 Post Study Work June 2011 to June 2013

Tier 2 General Sep 2013 to July 2016. However, company's Tier 2 licence was revoked in Jan 2015 and I lost the job and found another one on Tier 2 General.
Just so you know, I never received any leave curtailment letter from Home office after company's licence was revoked.
I applied for Tier 2 Visa with my current employer in April 2015 and the visa was refused as the salary was incorrect on the COS. I applied for the VISA again in Aug 2015 with the correct salary and visa was granted in Oct 2015.

Tier 2 General Oct 2015 to July 2019. Current Leave to remain.

Currently my wife and 1 child is are on dependant visas. My 2nd child was born in the UK last year and we are expecting a third child next year in May 2019.


I am hoping to apply for ILR 10 years route in May 2019.

Twist:
My current company did not get any home office compliance visit since they applied for their licence in Oct 2014.They recently applied to renew the licence, and as you can expect, we had a home office compliance visit last week and the guy took my interview for an hour. My interview went well. His colleague took Level 1 user's interview for two hours. I am not sure what answers level 1 user gave in the interview and he didn't tell me either but by his facial expressions and after reading posts of other members on different forums on this website, I think home office might revoke the licence. This is just a thought. It may all be ok and may be its just me panicking.

Nevertheless, If they go ahead and revoke the Licence, lets say some time in March 2019 (given Christmas and new year is coming and I presume the usual drill is that they'll suspend the licence, they will give us 20 working days to reply to suspension and will take another 20 working days to make the final decision, it will be march 2019 by that time),

My questions are:

1- Can i continue to work for the same employer until I get curtailment letter and during the time period of curtailment letter? or do i have to leave as soon as they get the revocation confirmation?
2- If revoked and if I apply for FLRO to buy sometime till May 2019, can I work for the same employer or another employer?
3- If i lose my job, would I be able to apply for my wife and my first child's visas as I won't be able to prove the required salary of I think £18,600 + extra for the child?
4- If I get a job, straight after getting ILR of £30K, (currently I earn £29K), so would I be able to apply for my wife and child visa is July 2019 (their visas end date) or do i have to wait till my salary slips show salary to date £18,600?
5- As mentioned above, my child was born last year and I haven't applied for her visa. As I am waiting to get ILR and apply for naturalisation so she can get British Passport. I am right in thinking that?

Sincerely sorry for such a long post. Hoping to get replies from the experts.

Many thanks in advance.

talreh20
Newly Registered
Posts: 23
Joined: Fri Jun 12, 2015 11:37 am

Re: Tier 2 Home Office Compliance Visit

Post by talreh20 » Wed Nov 28, 2018 10:14 am

Hi Experts
Can any one kindly reply to my above questions please.

Many thanks in advance.

User avatar
CR001
Moderator
Posts: 52027
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Tier 2 Home Office Compliance Visit

Post by CR001 » Wed Nov 28, 2018 12:15 pm

1. You can work until their licence is revoked (if it happens) and your visa is curtailed. Note you cannot work for a sponsor that no longer holds a licence to sponsor. Curtailment letter will give you 60 days to find another sponsor etc and apply for a visa.

2. Don't waste your time. HO is fully aware of people making 'frivolous and vexatious' applications simply to 'buy time'. Any application you make means your existing visa conditions continue if you are in your curtailment period, which means you cannot work for anyone other than the licenced company who sponsored your tier 2. You won't even be able to do a 'second' job at 20 hours per week.

3. If you don't meet the requirement, you will have to apply on FLR(FP) which will be a 10 year route (4 x 2.5 year visas).

4. For ILR based on Tier 2, if you are non shortage, you need to earn a minimum of £35,500 if applying before 6th April. If you apply based on long residence, there is no minimum salary requirement. If you apply based on long residence, your family must switch to FLR(M) and meet the English and financial requirements. This will reset their clock for ILR based on 5 years residence to zero. For FLR(M) you must submit evidence of 6 months earnings if you have been with the same employer and 12 months evidence if you have changed jobs. A gap in your employment will likely affect the calculation of the financial requirement.

5. A UK born child has an entitlement to register as British once EITHER parent is granted ILR.
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.

talreh20
Newly Registered
Posts: 23
Joined: Fri Jun 12, 2015 11:37 am

Re: Tier 2 Home Office Compliance Visit

Post by talreh20 » Wed Nov 28, 2018 1:26 pm

Dear CR001

I highly appreciate your answers. I am a little confused and have given my response below:

1- Where you mentioned
You can work until their licence is revoked (if it happens) and your visa is curtailed.
does that mean unless I get 60 day letter from the home office, I can continue to work with the same employer, considering their licence is revoked? Kindly clarify.

2- I don't really want to do that. I hope home office don't send me curtailment letter until May 2019 as i have read other members post, where home office never sent them curtailment letters even 5 months of the revocation of their employer's licence. But if they did, I wouldn't have any option but to buy some more months with this. I hope this won't affect my ILR application?

3-
If you don't meet the requirement, you will have to apply on FLR(FP) which will be a 10 year route (4 x 2.5 year visas).
would that be for my wife or did you mean I would have to do that?

4- I can only apply on the grounds of long residency i.e. 10 years route. I can't go for 5 years route as i have only earned £29k as at now and will never be able to reach £35,500. I would then have to send my family back in July and will have to work for 6 months to get the payslips etc and my would then apply from the home country.

5- Many thanks for the answer, but do i have to apply her dependant visa until I apply for ILR? Please note we don't have travel plans at the moment.

Many thanks in advance for all your help.

User avatar
CR001
Moderator
Posts: 52027
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Tier 2 Home Office Compliance Visit

Post by CR001 » Wed Nov 28, 2018 1:38 pm

1- Where you mentioned
You can work until their licence is revoked (if it happens) and your visa is curtailed.
does that mean unless I get 60 day letter from the home office, I can continue to work with the same employer, considering their licence is revoked? Kindly clarify.
You can only work on tier 2 if you have a licensed sponsor. If their license is revoked, your visa will be curtailed.
2- I don't really want to do that. I hope home office don't send me curtailment letter until May 2019 as i have read other members post, where home office never sent them curtailment letters even 5 months of the revocation of their employer's licence. But if they did, I wouldn't have any option but to buy some more months with this. I hope this won't affect my ILR application?

HO seems to be more on the ball the last few months and sending out curtailments a lot quicker. Why can't you simply find another Tier 2 sponsor? Why on earth do you want to complicate your immigration history with a FLR(O) application, which in all likelihood will be refused fairly quickly.
3-
If you don't meet the requirement, you will have to apply on FLR(FP) which will be a 10 year route (4 x 2.5 year visas).
would that be for my wife or did you mean I would have to do that?
Your dependents, assuming you get ILR.
4- I can only apply on the grounds of long residency i.e. 10 years route. I can't go for 5 years route as i have only earned £29k as at now and will never be able to reach £35,500. I would then have to send my family back in July and will have to work for 6 months to get the payslips etc and my would then apply from the home country.

I cannot understand why you simply cannot find another Tier 2 sponsor and change jobs. Why are you wanting to over complicate things??
5- Many thanks for the answer, but do i have to apply her dependant visa until I apply for ILR? Please note we don't have travel plans at the moment.
Yes, once you have ILR your dependents should switch to spouse visa. If their current visas are not also curtailed, they do not have to switch immediately.
Entry clearance visa 20 June 2009 - Sep 2011 Tier 4 Student Visa
On what date did you ENTER the UK??
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.

talreh20
Newly Registered
Posts: 23
Joined: Fri Jun 12, 2015 11:37 am

Re: Tier 2 Home Office Compliance Visit

Post by talreh20 » Wed Nov 28, 2018 2:25 pm

1- Noted.
2- To be honest, I haven't tried as i was of the opinion that employers will be reluctant to employee me as my time period on the visa will run out on 25 July. Although i can argue with them that I'll be getting ILR, but employers may not want to listen to this argument.
3- Noted.
4- I'll now get cracking on finding a new employer with a sponsor licence.
5- Noted.
6- I entered the country on 25/06/2009. My entry clearance was valid from 15 June 2009. Is it possible to apply by 18 May 2019 if entry clearance validity is considered?

fielddrive
Senior Member
Posts: 593
Joined: Thu Sep 27, 2012 1:03 pm

Re: Tier 2 Home Office Compliance Visit

Post by fielddrive » Wed Nov 28, 2018 5:34 pm

Send me a PM and I can suggest you a company in London who can sponsor. But you have to do your own research on them.

User avatar
CR001
Moderator
Posts: 52027
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Tier 2 Home Office Compliance Visit

Post by CR001 » Wed Nov 28, 2018 5:43 pm

fielddrive wrote:
Wed Nov 28, 2018 5:34 pm
Send me a PM and I can suggest you a company in London who can sponsor. But you have to do your own research on them.
The user does not have PM privilege yet. Also, you shouldn't post this publicly unless you wish to be swamped with PMs from members.

See also point 6 of the forum T&Cs.

announcements/terms-conditions-t3.html
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.

talreh20
Newly Registered
Posts: 23
Joined: Fri Jun 12, 2015 11:37 am

Re: Tier 2 Home Office Compliance Visit

Post by talreh20 » Wed Nov 28, 2018 5:53 pm

Dear Fielddriver

I really appreciate your message. However like CR001 said, I can't send a PM. Not sure what i have to do to send a PM.

I am currently working as an accountant and not sure if the company would be able to sponsor me under this category?

fielddrive
Senior Member
Posts: 593
Joined: Thu Sep 27, 2012 1:03 pm

Re: Tier 2 Home Office Compliance Visit

Post by fielddrive » Wed Nov 28, 2018 5:57 pm

CR001 wrote:
Wed Nov 28, 2018 5:43 pm

The user does not have PM privilege yet. Also, you shouldn't post this publicly unless you wish to be swamped with PMs from members.

See also point 6 of the forum T&Cs.

announcements/terms-conditions-t3.html
I thought by going PM route I was avoiding inadvertently soliciting on someone's behalf. I'll try and edit my post.

User avatar
CR001
Moderator
Posts: 52027
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Tier 2 Home Office Compliance Visit

Post by CR001 » Wed Nov 28, 2018 6:09 pm

talreh20 wrote:
Wed Nov 28, 2018 2:25 pm
1- Noted.
2- To be honest, I haven't tried as i was of the opinion that employers will be reluctant to employee me as my time period on the visa will run out on 25 July. Although i can argue with them that I'll be getting ILR, but employers may not want to listen to this argument.
3- Noted.
4- I'll now get cracking on finding a new employer with a sponsor licence.
5- Noted.
6- I entered the country on 25/06/2009. My entry clearance was valid from 15 June 2009. Is it possible to apply by 18 May 2019 if entry clearance validity is considered?
2. I would think you are overthinking a bit. Why don't you simply wait and see what the outcome of the HO visit etc is before rushing into anything you might regret later. You can hold a Tier 2 for 6 years. When your existing visa expires is irrelevant as to change sponsors you have to apply for a new visa anyway with your new sponsor and a CoS and as long as you apply before your current visa expires, you won't be an overstayer.

6. For ILR based on long residence, your qualifying period starts from date of entry and not from date of visa issue. You will only qualify for ILR LR within 28 days before 25th June 2019.
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.

talreh20
Newly Registered
Posts: 23
Joined: Fri Jun 12, 2015 11:37 am

Re: Tier 2 Home Office Compliance Visit

Post by talreh20 » Thu Nov 29, 2018 12:17 pm

Hi Cr001

You are right. I am actually overthinking and I should wait till the home office gives their decision.

I have been on Tier 2 Since July 2013 and I'll completing 6 years next year July 2019. That's why I mentioned that when new employers would know that I can only get a visa for another 8 months, they may not like it even though I can get ILR. But probably no one would risk hiring as I may have to leave. But nevertheless, I won't think about it unless Home office have given their decision.

I'll book a premium appointment for 31st May 2019.

Can I please ask one more questions?

My little on is due to go to nursery in January 2019. Would be classed as a public benefit?

Many thanks for all your help.

User avatar
CR001
Moderator
Posts: 52027
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Tier 2 Home Office Compliance Visit

Post by CR001 » Thu Nov 29, 2018 12:21 pm

I'll book a premium appointment for 31st May 2019.
There is no longer a premium same day service. The old system centres close today. You would have to apply using the new system.

uk-tier-2-employer-sponsored-visas/new- ... 67055.html
My little on is due to go to nursery in January 2019. Would be classed as a public benefit?
If you are paying, then no. You need to elaborate on why you think it is public fund.
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.

talreh20
Newly Registered
Posts: 23
Joined: Fri Jun 12, 2015 11:37 am

Re: Tier 2 Home Office Compliance Visit

Post by talreh20 » Thu Nov 29, 2018 12:23 pm

No I am not paying. Its 15 hours per week free nursery. That's why i am thinking it would be public benefit?

talreh20
Newly Registered
Posts: 23
Joined: Fri Jun 12, 2015 11:37 am

Re: Tier 2 Home Office Compliance Visit

Post by talreh20 » Fri Dec 28, 2018 4:36 pm

Hi CR001

We have received notification from the home office. The company has maintained its licence and A rating.
They took exactly 20 working days to give the decision.
I would like to thank you for all the moral support and the help you have given since the start. You are a star.

Kind regards

rajan1984
Junior Member
Posts: 67
Joined: Mon Jul 25, 2011 3:28 pm

Re: Tier 2 Home Office Compliance Visit

Post by rajan1984 » Mon Jan 14, 2019 2:55 pm

Really Glad to know about the outcome. Happy for both you and your employer. If you could share the timeline, would be really helpful. We are also expecting the decision from Home office.


Interview Date:
Decison Date:

Thank you

talreh20
Newly Registered
Posts: 23
Joined: Fri Jun 12, 2015 11:37 am

Re: Tier 2 Home Office Compliance Visit

Post by talreh20 » Mon Jan 14, 2019 3:06 pm

Hi Rajan

Interview date was 19 Nov 2018 and Decision Date was 21 December.

Hope all goes well with your decision.

Thanks

Post Reply
cron