Tier 2 ICT Visa - Employer's licence revoked

[vandana1010]

Hi

I am working on Tier 2 ICT visa granted on Aug 2014 as a main applicant.
As per my visa current visa stamp,my leaves to remain in UK is till Aug 2017.

Now, recently I have received an Important Notice from the Home Office related to Decision to curtail leave. Reason for same is due to my current employer's sponsorship licence is revoked.

Query:

Can I apply for new Tier 2 sponsorship in county ?
Or
As my visa type is Tier 2 ICT , do I need to move back to my home county and 12 months of cooling off period will be applicable ?

and how long it will take for an employer to regain their registered sponsor licence for Tier 2 ICT ?

Can you please provide guidance related to what options I have to be in UK legally and to work ?

Thanks in advance.
Best Regards

[CR001]

You cannot switch in country to Tier 2 General.

You have to apply from home country after you have served 12 months cooling off period.

What was the reason(s) for the license being revoked?

Do you have a spouse in the UK with you?

[vandana1010]

Hi

Thank you for looking at this post and your prompt reply.

I don't know the reason why employer's licence was revoked but in notification of Home office letter is been said it was revoked on 30th Oct 2015.

Yes I have my spouse with me in UK as my Tier 2 ICT dependent.

[CR001]

By what date do you have to leave the UK?

Have you spoken to your employer to find out what has happened??

[vandana1010]

16th May 2016 is date by which we need to leave UK.
I have spoken to my employer and they are trying best to resolve issue with UKBA.
I don't have much visibility over their communication with UKBA, unfortunately.

[CR001]

Well it has to be something quite big in non compliance for a license to be revoked.

When did you get the letter of curtailment?

Can your wife not get a Tier 2 General sponsorship?

[vandana1010]

I get notofication from HO on 17th March 2016, HO has given 60 days to make arrangement to leave UK or arrange for new Tier 2 sponsorship.

Yes , my spouse can get Tier 2 General visa , but as far as I know , we need to apply for that from home county in this case

[CR001]

Yes, home country application but she does not have to serve 12 months cooling off and you can get a Tier 2 G dependent visa and return with her.

[vandana1010]

In this case can I apply for Tier 2 General as Dependent visa in country ? or there will be cooling off period on me as previously i am on Tier 2 ICT visa

[CR001]

Cooling off period does not apply to you if you apply for a Tier 2 General dependent visa.

[vandana1010]

Thanks a lot for providing a clear answers.
This will help me indeed.
Thanks...

[vandana1010]

Hi

on 30th of Oct 2015 , my employers licence was revoked which I come to know from home office on 17th March 2016.

My employer is saying that they are making some interim arrangement through their partner company and by which my current sponsorship will be transferred to new partner company which has same tier 2 licence as like current one.

My query is : once sponsor licence is revoked of a company , what are legal available ways for company to keep there existing employees with them.

is there any time limit for company to complete interim arrangement through their partner company ?

As per home office email, I have 28 days from day I have received notice to arrange for new visa.

Can you please let me know how realistic is it for my existing employer to have solution ?

Best Regards

[iworker]

Personally (i might be wrong), i dont think this can ever happen.. even if the other company has a licence, they cant hire you with a new visa as your are on ICT. you can also not change job with tier 2 gen.

The only option u have is getting ur wife a tier 2 general restricted cos, with rlmt, which she uses and applies in her own country.
If she gets the leave before your new curtailed leave ends, she can travel back and u can apply visa in uk.
If she can not get the leave before your curtailed leave end date, then u need to travel back, wait for her to get the new visa, apply for a depenedent visa and travel to uk.
Or go back and serve a 1 year cooling off time and then come back on tier 2 general or ict

[Frontier Mole]

You cannot be transferred to a new company as you are no longer a sponsored migrant.
Your employer is talking total nonsense. They can't do anything with you other than continue to employ you up until your curtailment date. There is no scheme or method to move Sponsored migrants post licence revocation.

Given you are an T2 ICT you are not transferable under any circumstances because essentially you are a very temporary migrant with no recourse to remain in the UK.

Your best option is to return home before your leave expires and return as your wife's dependent on the potential role you have quoted.

[vandana1010]

Thank you Frontier Mole and iworker for your reply.

In this case , can I get payment of work I do directly through by my end client or payment to me should come through my sponsored employer only.

Also, do i need to get P60 or P45 before I leave UK ? , if that is not manageable by my employer than what are steps to do with HMRC ?

Thanks

[Frontier Mole]

It would appear you are contracting? So more than likely the cause of the licence revocation.

The only payment you can receive is through your current sponsor. If the end client as you refer to them, pays your salary then they are employing you illegally.

Your employer can knock up a p45 without much effort so should not be a problem. P60 can be done quickly if the employer has a mind too, but usually issued later on than the first day of the tax year..... HMRC do not issue either document it is your employers responsibility.

[vandana1010]

Thanks Frontier Mole for your clear answers , highly appropriate you and your knowledge regarding this matter.

[vandana1010]

If company A whose Tier 2 licence is revoked and if Company B who has same Tier 2 licence as Company A and
Company B take over Company A, in that case does Company A's sponsored employee get transferred to Company B ?

[CR001]

You cannot be transferred to a new company as you are no longer a sponsored migrant.
Your employer is talking total nonsense. They can't do anything with you other than continue to employ you up until your curtailment date. There is no scheme or method to move Sponsored migrants post licence revocation.

Given you are an T2 ICT you are not transferable under any circumstances because essentially you are a very temporary migrant with no recourse to remain in the UK.

Your best option is to return home before your leave expires and return as your wife's dependent on the potential role you have quoted.