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

Regarding Tier Company REvocation

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

Locked
soniafernando59
Newly Registered
Posts: 2
Joined: Fri Mar 04, 2016 3:48 am

Regarding Tier Company REvocation

Post by soniafernando59 » Fri Mar 04, 2016 4:05 am

Hi,
I would like to find out some information on tier 2 visa, my company license got suspended and if its get revoked, am Iallow to work until I receive the curtailment letter
and how about the tax will the employer stop pay the
salary or the tax as soon as its revoked.
Will the employer get the right of appeal if so can we stay in the company until the case decision to be release?

If my employer request for the injunction to stop visas being curtailed will i be able if this has been requested to the courts?
Please kindly help me to clarify in order not to go a wrong path....

Is it possible to switch in my visa under student if I don't have any other option?
Really appreciated

Awaiting for the reply

Thanks and regards
Sonia

User avatar
CR001
Moderator
Posts: 88891
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Regarding Tier Company REvocation

Post by CR001 » Fri Mar 04, 2016 8:17 am

and how about the tax will the employer stop pay the
salary or the tax as soon as its revoked.
Paying salaries and tax has no bearing on the license being revoked. The employer still has a legal duty to pay staff and to HMRC the tax. They are separate to the HO processes.
Will the employer get the right of appeal if so can we stay in the company until the case decision to be release?
Possibly, depends on the reason for suspension or revocation.
If my employer request for the injunction to stop visas being curtailed will i be able if this has been requested to the courts?
Your employer can't get an injunction to stop HO from curtailing your visa. They will have to follow the process with HO and the investigation and appeal etc.
Is it possible to switch in my visa under student if I don't have any other option?
Possible, but probably only from home country. See link below.

https://www.gov.uk/tier-2-general/switch-to-this-visa

What was the reason for the suspension? Is it a genuine sponsor or an umbrella company?
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.

User avatar
Frontier Mole
Respected Guru
Posts: 4449
Joined: Tue May 06, 2008 12:03 am
European Union

Re: Regarding Tier Company REvocation

Post by Frontier Mole » Fri Mar 04, 2016 8:38 am

Suspension of a licence has not right of appeal in law.
What the Sponser gets is an opportunity to put submissions against the reason for suspension. They have 28 days to do so.
Once the submissions are considered / verified / second visit to the Sponsor as required then the licence is either reinstated or revoked.

Very few cases get reinstated this is due to the methods used to identify and select Sponsors for visit. They already will have the intelligence information either from HMRC or their own Intel team before they select a Sponsor for a visit...

As per previous post - what is the reason for the suspension?
The two main reasons presently are non genuine vacancy and third party working.

User avatar
CR001
Moderator
Posts: 88891
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Regarding Tier Company REvocation

Post by CR001 » Fri Mar 04, 2016 8:43 am

Frontier Mole wrote:Suspension of a licence has not right of appeal in law.
What the Sponser gets is an opportunity to put submissions against the reason for suspension. They have 28 days to do so.
Once the submissions are considered / verified / second visit to the Sponsor as required then the licence is either reinstated or revoked.

Very few cases get reinstated this is due to the methods used to identify and select Sponsors for visit. They already will have the intelligence information either from HMRC or their own Intel team before they select a Sponsor for a visit...

As per previous post - what is the reason for the suspension?
The two main reasons presently are non genuine vacancy and third party working.
Ahhh, thank you Frontier Mole for clarifying about appeal (or not) process etc. :wink:
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.

soniafernando59
Newly Registered
Posts: 2
Joined: Fri Mar 04, 2016 3:48 am

Re: Regarding Tier Company REvocation

Post by soniafernando59 » Fri Mar 04, 2016 11:33 am

Thanks alot for your reply...

The reason for the suspension is the advertisement wasn't kept in our records...

Our we allowed to work until we received the curtailment letter? please confirm, is there anything in HO website...

Thanks

User avatar
Frontier Mole
Respected Guru
Posts: 4449
Joined: Tue May 06, 2008 12:03 am
European Union

Re: Regarding Tier Company REvocation

Post by Frontier Mole » Mon Mar 07, 2016 11:58 pm

That is a low end suspension. Your sponsor can retrieve the adverts from the sites usually fairly easily.

affi30
Newly Registered
Posts: 1
Joined: Mon Oct 10, 2016 8:21 pm

Re: Regarding Tier Company REvocation

Post by affi30 » Mon Oct 10, 2016 8:29 pm

soniafernando59 wrote:Hi,
I would like to find out some information on tier 2 visa, my company license got suspended and if its get revoked, am Iallow to work until I receive the curtailment letter
and how about the tax will the employer stop pay the
salary or the tax as soon as its revoked.
Will the employer get the right of appeal if so can we stay in the company until the case decision to be release?

If my employer request for the injunction to stop visas being curtailed will i be able if this has been requested to the courts?
Please kindly help me to clarify in order not to go a wrong path....

Is it possible to switch in my visa under student if I don't have any other option?
Really appreciated

Sonia
Hi Sonia,

Am in the same situation as you were/in now. Did you manage to get a sponsor? Did you receive the curtailment letter?

Awaiting for the reply

Thanks and regards

Locked