Employer applying for Tier 2, time is running out on Tier 5

[Shamino]

Hi there

In the beginning of the year, I notified my employer (they do not have a licence at the present moment) that I would like to be sponsored.

They have pretty tried to obtain all the necessary documents, made advertisements for my visa application, however they still have not submitted the actual application given that they're still missing official documents from HMCE vat I believe (bit of a pain to obtain)

My Tier 5 visa is due to run out on the 6th August, and its pretty much nearly end of May

I am concerned about the processing times, my team leader applied for her Tier 1 visa and it took her 75 days before given the green light

I also need to book my air ticket back to Australia, however, I thought I'll have received confirmation by now.

Can anyone provide me any guidance regarding this scenario?

Cheers

[geriatrix]

What sub-type of Tier 5 leave do you have?

[Shamino]

Hi Sushdmehta

thanks for replying

My Tier 5 visa is the Youth Mobility visa.

It will mean that I am required to leave the UK on the 6th August

I was wondering whether there is any reasons the UK boarder agency may reject my employer's application to sponsor? If they submit all the correct paper work, provide evidence that no one is suitable to fulfil my current position within the EU, prove they have sufficient finances and are a sound company, could anything go wrong?

My role in my company is very niche.

Looking forward to your response

Cheers

[geriatrix]

The process for an organisation to register themselves as a licensed sponsor is different from applying for a Certificate of Sponsorship. Without the former, the latter cannot happen.

And that a potential candidate has been identified for a role within an organisation applying for sponsorship license doesn't influence (or expedite) the registration process.

If the requirements for sponsorship license are met, there is no reason why a license will not be issued. No one but UKBA can advise your employer on how long it may take for them to issue a license.

Also, you cannot switch from Tier 5 (YMS) to Tier 2 (General) (245HD(b)). You will need to apply for entry clearance from outside the UK.

[Shamino]

Hi Sushdmehta

Thanks again for the reply.

Yes, both myself and my employer are aware that the company requires to register themselves as a licensed sponsor.

I had a friend in a similar situation (however his employer already had a licence to sponsor) and he mentioned that I will need to go back home to Australia for around one month, that I cannot apply for the visa in the UK.

Should my employer be successful with registering as a licensed sponsor, and I go back home to Australia to apply for a Certificate of Sponsorship, would you happen to know why it takes 1 month? and would it happen to be longer than 1 month?

I ask only so I can arrange my return plane ticket back home to Australia.

Naturally I will need confirmation from the UK boarder agency to provide my employer the thumbs up

Once again, I gratefully thank you for the information you have provided

Cheers

[geriatrix]

Only your friend can explain what he/she had in mind when he/she made such a statement..

See also Applying for restricted certificate of sponsorship and processing times.

[Shamino]

Had a bit more of a read on the forums regarding processing times for an employer to apply for a licence to sponsor

It appears to be at least 21 weeks due to the heavy workload regarding visa applications

I guess I was worried about the quota limit for Tier 2 (G) visas

I presume my employer would provide all the necessary correct documents, advertisement of my role, etc

but was wondering whether the UK boarder Agency might reject my employer's application for a licence to sponsor for any other reason

I will have a talk with my boss regarding different alternatives, and hopefully they can submit their application and documents with all the necessary details

Cheers Again

[geriatrix]

but was wondering whether the UK boarder Agency might reject my employer's application for a licence to sponsor for any other reason

Don't worry without a reason!

[Shamino]

Hi Sushdmehta

I had a discussion with the boss on the possible processing times of the application and wanted to know a few things

A) Is it possible for me to work as self-employed in another country (my business would be registered in my country), outsourcing my services to my current company until they obtain a license of sponsorship?

B) My employer would need to terminate my current contract (or I would have to resign) prior to the expiry date?

C) Would any of the above affect the UKBA decision to approve their license to sponsorship? I heard my employer will need to notify the UKBA of any changes to my situation

Looking forward to your wisdom again

Cheers

[geriatrix]

1. You cannot work in UK without the legal right to live and work in the UK. What do you in any other country - employment or self-employment - is not something UKBA is concerned about. Whether you are employed outside the UK by your current employer or whether you provide services as self-employed (registered outside the UK) to one client (who is presently your employer) or multitude of clients is not UKBA's concern.

2. Your employer may still keep you on the rolls after expiry of your Tier 5 leave ... as an employee in an overseas branch, but not as someone employed in UK. Or you may even take some days / weeks / months off .. to be in Australia to apply for Tier 2 leave.

3. I don't think so, because under Tier 5 you are not "sponsored" by your employer. You are a Tier 5 migrant with the legal right to work for any employer.

Irrespective of whether you remain employed overseas with the current employer or tender your resignation before leaving UK, to apply for RCoS the employer will anyhow need to provide evidence that they have not been able to find a suitable candidate for the job (that they wish to sponsor you for, which you happen to be doing currently coincidently) in the resident labor market.