ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


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

Welcome to immigrationboards.com!

Login Register Do not show

Tier 2 Sponsor Licence Suspended due to non genuine vacancies

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

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

Locked
lella111
Newly Registered
Posts: 28
Joined: Mon Mar 28, 2011 3:23 pm

Tier 2 Sponsor Licence Suspended due to non genuine vacancies

Post by lella111 » Tue Sep 17, 2019 10:03 pm

Dear all,
I have completed my MBA in the UK in July 18, and found a job and was sponsored in October 18 under 2421 code.
We had a UKVI Compliance visit in June 19, and I was interviewed and I had to show examples of my work, along with another employee.
My sponsor has received a letter of suspension a couple of weeks ago, claiming that our jobs were low skilled jobs, and neither me nor the other employee comply with the job description in the CoS.
I have explained my job really well during the interview, however, I didn't note all the duties stated in the CoS, but most of them. Obviously, the officer has spent few hours with me, and has only seen part of what I do.
The other employee who was interviewed didn't cover any of the duties in his CoS, however, the suspension letter said that none of us meets the duties listed in our job description and we are working in breach of the terms of our visas.
My employer will be appealing this and provide all the evidence: proof of the work we do, training, certifications...
While searching, I have come across this on UKVI website:
If you’re involved in the reasons why your sponsor lost their licence, your visa will be withdrawn and you’ll have to leave the UK immediately.
I am concerned that if the Sponsorship Licence is revoked, this will apply to me as I was one of those who were interviewed, and I will not be given the 60 days curtailment?
Obviously, the licence might just get reinstated, but I would like to start searching for another job from now if in the case the licence is revoked, my Tier 2 visa will be terminated imminently.
I look forward to your answers.
Regards,
PS: I am posting this on behalf of a relative, but I find it better to use I, than narrate it.

User avatar
Zerubbabel
Respected Guru
Posts: 2517
Joined: Fri Jul 06, 2018 7:13 am
Mood:

Re: Tier 2 Sponsor Licence Suspended due to non genuine vacancies

Post by Zerubbabel » Wed Sep 18, 2019 12:21 pm

Hello

There are a few testimonies in this forum from people who went through similar situations.

If the company loses (by revocation) its Tier 2 sponsor license, you get the infamous 60-day letter at one point. It may take some time to be sent. So you need to start looking for a new sponsor while the situation is uncertain.

After the suspension, you employer would've been given 20 days to appeal the decision but that may or may not work at the end. So the license can be either reinstated or revoked. You have to work on the assumption that it will be revoked.
If you’re involved in the reasons why your sponsor lost their licence, your visa will be withdrawn and you’ll have to leave the UK immediately.
This is for cases of systemic fraud where the employees are involved in running a phony business in order to get and maintain Tier 2 visas. But it depends on the HO inspectors perception, what they have found and the reasons they advanced for the suspension.

You can read this topic:
uk-tier-2-employer-sponsored-visas/tier ... 56926.html

lella111
Newly Registered
Posts: 28
Joined: Mon Mar 28, 2011 3:23 pm

Re: Tier 2 Sponsor Licence Suspended due to non genuine vacancies

Post by lella111 » Mon Sep 23, 2019 10:48 am

Thank you for your response.
I have read many examples on this form, I have additional questions:
Me and my colleague were sponsored as Company Accountant, we both hold Masters and few ACCA exemptions, but not fully qualified.
We have been fulfilling all our CoS duties and prepared extensive genuine evidence for this.
I have read some posts by Frontier Mole where he clearly says that if the sponsored migrants are not qualified, then this will lead to revocation. I just want to check if anybody knows about any example of licences that were reinstated even if the migrants were not fully qualified?
My other concern if it is revoked due to non genuine vacancy, will this affect my future applications for anything? Even as a tourist?
Thank you

User avatar
CR001
Moderator
Posts: 86993
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Tier 2 Sponsor Licence Suspended due to non genuine vacancies

Post by CR001 » Mon Sep 23, 2019 10:54 am

If you are not a fully qualified accountant, you cannot be sponsored in a job as an accountant on tier 2. This has always been very clear. Not sure how the company managed to get an RCoS/UCoS in this situation unless they were not wholly honest.
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.

lella111
Newly Registered
Posts: 28
Joined: Mon Mar 28, 2011 3:23 pm

Re: Tier 2 Sponsor Licence Suspended due to non genuine vacancies

Post by lella111 » Tue Sep 24, 2019 3:22 pm

This is really confusing, as we have had compliance visits in the past, and none of the sponsored were qualified. The visits went well before, but this time I think we didn’t focus on the duties.

lella111
Newly Registered
Posts: 28
Joined: Mon Mar 28, 2011 3:23 pm

Re: Tier 2 Sponsor Licence Suspended due to non genuine vacancies

Post by lella111 » Thu Sep 26, 2019 11:25 am

Dear all,
I just want to check as we all have NVQ6 or higher (Bachelors and Masters), but not ACCA qualified.
We have had compliance visits in previous years but this was never an issue.
Could this be different since it is an accountancy firm? We are all performing all duties stated in our CoS and have genuine evidence for this. But I am just worried about the fully qualified part.
Thank you

lella111
Newly Registered
Posts: 28
Joined: Mon Mar 28, 2011 3:23 pm

Re: Tier 2 Sponsor Licence Suspended due to non genuine vacancies

Post by lella111 » Thu Nov 07, 2019 12:51 am

Dear all,
Just an update on this case, after submitting evidence within 20 days, we have received the reinstatement for the licence. Thank you

has001
Newly Registered
Posts: 1
Joined: Mon Jan 27, 2020 4:24 pm

Re: Tier 2 Sponsor Licence Suspended due to non genuine vacancies

Post by has001 » Mon Jan 27, 2020 4:39 pm

Hi,

please can someone help
lella111
@lella111 if you can guide me because your situation was similar

My friend is in a very similar case which is soon expecting a UKVI Compliance visit.

My friend has Bachelors HONS degree in accounting and MBA
Working and have tier 2 Visa and have also get one extension
Tile used is Company accountant SOC code 2421 which requires RQF Level 6.

Questions

1) Please tell me which information we need to make sure having before they come as we have all the records of each employee, but still if you would like to let us know any more information.

2) Is there any problem witch SOC code used (2421 chartered certified accountant) because it says on employer guidance to use best? and also visa granted twice with the same scenario.

''25.1 You may find that if you search for job titles, the SOC code containing that job
title does not match the duties that the migrant will perform. This is because
different employers use the same job title to describe different jobs or use
generic job titles that cover several different jobs. If this happens, you should
search further, for example, using keywords, for a job description that
matches the migrant’s duties.
25.2 If you use the wrong SOC code when assigning a CoS or applying for a
restricted CoS, this could lead to an application being delayed or refused.''

3) What duties can a company accountant do, if its an accountancy firm can tier 2 holder can perform the same duties for the clients of sponsors? or it can only be a company accountant for sponsor only?


I look forward to your reply

please can someone reply to my questions as it will really help my friend?

Locked
cron