Tier 2 Sponsor has no longer vacancy

[plazog]

Hi,
After I received my Tier 2 visa approved, my sponsor said "we no longer have a suitable role - we will contact you back if our demand increases when situations improve". I have only 1 month (20 days now) to travel otherwise the entry permit expires.
My question is:
1. Can the sponsorship stay valid without me actually start working?
2. Can I travel to UK and get the BRP so that I can join the company in the future if they need me as they said?
3. Does the Curtail cover my situation?

Thank You.

[CR001]

If they inform HO, as they are required to do, then your sponsorship will end.

Until then, impossible to say if you will have success coming into the UK and collecting your BRP, you might be ok. You cannot work though, for anyone else.

If you don't start working for your sponsor, your visa will likely also be curtailed.

[plazog]

Hi. Thanks for the response.

The sponsorship is valid thru 2023. Can the sponsor keep it valid with out cancelling until comes a suitable job role? Is it possible to keep someone standby like that for months? I wouldn't mind as long as I don't repeat Tier 2 application process all over again.

[CR001]

Can the sponsor keep it valid with out cancelling until comes a suitable job role?

No. If you do not start your job within a specified time, the sponsorship will end. They have an obligation as a sponsor to inform ho that they are no longer sponsoring you.

Is it possible to keep someone standby like that for months?

No, not as a tier 2 general visa holder.

I wouldn't mind as long as I don't repeat Tier 2 application process all over again.

You cannot just arrive and then wait months to see if anything changes. It is expensive to prove in the UK and without proof of income, you cannot even rent.

What was the SOC and job?

Are they a genuine sponsor and not a agent or third party for contracting?

[plazog]

Hello,
They are genuine sponsors and big org. The CoS is restricted. The job is in shortage list every time and still.
The start date on the sponsorship certificate passed long time ago while waiting for decision.

1. Is there a duration rule when to start after arriving in UK if the start date on CoS passed while waiting for HO decision on entry clearance?

2. I am currently outside UK now. If I even can't rent with out proof of income, can I travel, get my BRP and return back and wait until they call me from UK to start work when a suitable job role for the CoS comes?

Thanks Again

[CR001]

You are missing the point that if you do not start your job within (28 days I believe), your visa will be cancelled/curtailed. It does not stay valid forever while you wait for your sponsor.

If you enter, collect your BRP and then leave and your visa is curtailed at some point, then you will be subject to the 12 months cooling off period before you can apply for Tier 2 general again.

[plazog]

Thank you for your clarification.
If I have dependents under 18 years(3) in the UK, will my visa be curtailed? If it is not curtailed, what will happen? What is my option to avoid curtailment?

[CR001]

Thank you for your clarification.
If I have dependents under 18 years(3) in the UK, will my visa be curtailed? If it is not curtailed, what will happen? What is my option to avoid curtailment?

Yes, your visa and their visas will be curtailed.

Find another sponsor and apply for a new tier 2 visa if you are in the UK.

[plazog]

Hi,
Thanks a lot for the clarifications.
Yes, I am now searching for another Tier 2 sponsor.

I mentioned about the dependents because it is written in the curtailment rule page 34 "discretionary curtailment if there are dependents in UK under 18 years of age"
https://assets.publishing.service.gov.u ... .0-ext.pdf

Is there any way I may be exempted from 12 months cooling off period? Considering I haven't started working, haven't even traveled to UK, it was the sponsor which closed recruitment due to its own financial status?

[plazog]

Can I get a refund of what I paid for NHS (GBP1000) when my sponsor cancels sponsorship? I have not traveled to UK nor started the job.