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ILR after employer forgot to renew his licence

Posted: Sat Nov 02, 2019 8:10 am
by Rcastro
Hi,

I'm in the process of applying for ILR. I've been in the UK for 5 years and a few days, working for the same employer under Tier 2 (general) . I meet all the requirements. I've passed English test, life in the UK, salary, have bank statements, payslips, letters from my employer, etc.
I was about to finalise my application and apply on the 31st of October as I was just waiting for my certificate of English to arrive when I logged in to my account and a message appeared saying they had changed a few things on the system and that I needed to answer more questions. The first question was: "what's your sponsors licence".
I typed in the licence I had when I renewed my visa 2 years ago but the system showed an error that there's no such licence.
After doing some research I found out my sponsor forgot to renew his licence. This was supposed to happen in August 2018 but he never did.
Now, according to the ukvi website I should have received a letter saying I couldn't stay in the country unless my sponsor did something. I never received any letters saying that and I've been going on holiday outside of the UK at least 4 times since last August. I have never been questioned or detained while going through immigration at the airport either.
My boss is now aware he made a mistake and started an application for a licence yesterday, 1st November 2019.
My question is, will this affect my application in any way? I've been working like normal, paying taxes, etc but according to the website, as soon as my sponsor's licence expired my CoS is cancelled. So now I don't know if I've been illegally in the country without knowing, and also, would this time not count towards my 5 years living in the UK? This was not my fault and I would not like to be rejected for this situation and lose my money.

Thank you very much

Re: ILR after employer forgot to renew his licence

Posted: Sun Nov 03, 2019 1:24 pm
by zimba
This can affect your case. For the start, you cannot work or apply for ILR at all unless your employer gets the license renewed. Given they failed their duties in the past, they may never get it back. I suggest to find a new sponsor as UKVI may curtail your leave

Re: ILR after employer forgot to renew his licence

Posted: Sun Nov 03, 2019 2:46 pm
by Rcastro
Hi,
Thank you for the reply.

My boss has now reapplied for the licence. Assuming he gets it back. Would I still be able to apply for ILR? Or is it now just not an option?
I can't just find a new sponsor as I would need to go back to my country of origin to do that. However my whole life is now in the UK. All my friends, my partner and pretty much everyone I know lives in the UK so I can't really go back as there's nothing there for me.
Thank you

Re: ILR after employer forgot to renew his licence

Posted: Sun Nov 03, 2019 4:55 pm
by zimba
Rcastro wrote:
Sun Nov 03, 2019 2:46 pm
Hi,
Thank you for the reply.

My boss has now reapplied for the licence. Assuming he gets it back. Would I still be able to apply for ILR? Or is it now just not an option?
I can't just find a new sponsor as I would need to go back to my country of origin to do that. However my whole life is now in the UK. All my friends, my partner and pretty much everyone I know lives in the UK so I can't really go back as there's nothing there for me.
Thank you
That is up to UKVI to decide. For any claim to private life, you need at least 10 years of lawful residence :!:

Sponsor's new licence and my ILR application

Posted: Tue Nov 19, 2019 10:41 am
by Rcastro
Hi,
I recently found out my sponsor didn't renew his licence. I'm on a Tier 2 (general) visa and I've been in the country for over 5 years. I was in the process of applying for settlement when I discovered this as the system asked me to put my sponsors licence and the one I had from my previous visa applications was no longer valid.
He has reapplied now so we're waiting to see if he gets a licence. If he gets a positive decision and a new licence is issued to him, can I continue my ILR application with that licence number? or is there anything else I need to do first to finish my application?

Re: Sponsor's new licence and my ILR application

Posted: Wed Nov 20, 2019 2:14 pm
by zimba
Yes but this may affect you ILR as explained above