tier 2 visa extension

fundave0712 · Post by **fundave0712** » Thu Jul 05, 2012 9:15 pm

Hi all,
Please I need your help.
I have lived in this country for more than six years. My dependant husband and children have also lived for more than five years in this country.
I applied for tier 2 visa in 2011. My sponsor by mistake put one year in my sponsorship certificate, while the appointment letter I submitted to the home office read two years. The home office gave me one year visa in 2011. Now in 2012, I need to apply for extension but unfortunately the sponsors licence of my employer have been suspended and I cannot get another sponsor, I want to apply to the home office with a covering letter from my sponsors that they still need my service and they are going to give me a COS as soon as the suspension is lifted, do you think I should go ahead? Because I don't want the years I have spent in the UK to be wasted.

Post by **manci** » Thu Jul 05, 2012 9:38 pm

when exactly does your current leave expire?

what was your immigration history prior to obtaining T2 sponsorship?

what is the reason for the sponsor licence suspension and when did it take place?

fundave0712 · Post by **fundave0712** » Thu Jul 05, 2012 10:34 pm

Manci,
Thanks for your respone. I had a student visa for 3years and also 2 years post study visa prior to obtaining the t2 sponsorship. My leave will expire on July 15th. The sponsorship certificate of my sponsors was suspended because when a visiting officer came from the OH, some of their systems where not fully in place.
thanks.

Post by **manci** » Fri Jul 06, 2012 8:22 am

fundave0712 wrote:Manci,
Thanks for your respone. I had a student visa for 3years and also 2 years post study visa prior to obtaining the t2 sponsorship. My leave will expire on July 15th. The sponsorship certificate of my sponsors was suspended because when a visiting officer came from the OH, some of their systems where not fully in place.
thanks.

What is the date when the licence was suspended?

Also please confirm that the licence was actually suspended rather than downgraded?

If a licence is suspended the sponsor no longer appears in the T2 list of registered sponsors. You can check this here:
http://www.ukba.homeoffice.gov.uk/sitec ... ofsponsors

fundave0712 · Post by **fundave0712** » Fri Jul 06, 2012 11:03 am

Hi Manci,
I don't know the exact date of the suspension , but I know it was since last year december. It was suspended because it was a B rating before, and they were expected to move up to A rating.
Thanks.

Post by **manci** » Fri Jul 06, 2012 11:41 am

If the sponsor licence was suspended last December this is a long time. Do you know what, if anything, your sponsor is doing about it, i.e. are there any prospects of the suspension being lifted at some time soon?

Have you checked the sponsor register to see if your sponsor is no longer on it?

Is your husband on a PBS Dependant visa?

fundave0712 · Post by **fundave0712** » Fri Jul 06, 2012 11:47 am

Hi manci,
My sponsors have written them, and have put their system in place. But yet to receive response from the OH. Their name has not yet appeared on the list. My husband is a BPS dependant.
Thanks.

Post by **manci** » Fri Jul 06, 2012 12:02 pm

What age are the children and were they born in the UK?

Post by **manci** » Fri Jul 06, 2012 12:49 pm

Ask your sponsor to send an email IF POSSIBLE TODAY to the following two email addresses requesting urgent treatment of their request for the lifting of the suspension of the licence. They should explain the circumstances, i.e. that the leave of a sponsored worker will expire on 15 July and they wish to assign a CoS to this worker as well as that their systems have now been changed to comply with UKBA requirements, as advised previously (referring to the letter they sent).

sponsorlicensing.support@ukba.gsi.gov.uk
scoc@ukba.gsi.gov.uk

fundave0712 · Post by **fundave0712** » Fri Jul 06, 2012 1:52 pm

Many thanks Manci for your advice. I have sent an email to my sponsor asking them to email the HO as you advised. My children were not born here. But they have spent over 5years here without traveling to our home country since they came. They are of ages 12, 10 and 8.
Cheers.

Post by **geriatrix** » Sat Jul 07, 2012 11:34 am

manci wrote:The situation:

(i) Tier 2 General migrant with leave expiring 15 July and wishing to apply for extension.

(ii) The sponsor’s licence has been suspended following a UKBA visit (systems found to be inadequate), therefore they cannot assign a CoS at present although they would like to.

(iii) Sponsor informed UKBA that system inadequacies have been rectified some time ago but no reply received yet and no follow-up visit. Request for urgent treatment sent 6 July.

(iv) Migrant has been in the UK for 6+ years already (T4 student>>T1 PSW>>T2G);

(v) Migrant has dependant spouse + 3 children.

What to do- options

If the sponsor’s licence suspension is not lifted and therefore a CoS cannot be assigned before the visa expires the migrant could submit a leave to remain application without a CoS together with a covering letter explaining the situation and a letter from the employer confirming that they wish to continue employing the migrant and will assign a CoS as soon as they are able to. The application will presumably then be held in abeyance subject to the sponsor’s licence suspension being resolved, rather than refused or held to be invalid. However, the migrant would not be allowed to work beyond the visa expiry date.

If the suspension is not lifted and the sponsor’s licence is revoked or downgraded would the migrant get DLR or may be a short (60 day) extension enabling affairs to be put in order prior to leaving the UK or trying to find a new sponsor?.

Are there other possibilities short of the migrant leaving the UK now? Article 8? UKBA delay the cause of the problem (complaint)? Apply for DLR now?

fundave0712 · Post by **fundave0712** » Sat Jul 07, 2012 4:07 pm

Many thanks for your suggestions. I just want to ask that if I apply without a COS and the license is later revoked or downgraded, can the HO grant me a DLR or will they give me 60 days extension to leave or look for another sponsor.
Thanks.

Post by **manci** » Sat Jul 07, 2012 4:43 pm

Let's see if there is any response from others. The text has also been posted as a separate topic:
http://www.immigrationboards.com/viewtopic.php?t=107727

fundave0712 · Post by **fundave0712** » Thu Jul 12, 2012 2:40 pm

Hi Manci,
Just to let you know that I have sent my application without a COS, but with a covering letter from my employer that they will give me COS if the suspension is lifted.
Thanks.

Post by **manci** » Thu Jul 12, 2012 2:52 pm

Would be interested to hear what UKBA's response will be a) to your employer's request for urgent treatment and b) to your application.
Good luck.

fundave0712 · Post by **fundave0712** » Tue Jul 17, 2012 10:15 pm

Hi Manci,
Unfortunately, the licence of my sponsor has been revoked. what do you think I should be expecting now from the HO?

Post by **manci** » Wed Jul 18, 2012 7:32 am

see p. 99:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

fundave0712 · Post by **fundave0712** » Wed Aug 08, 2012 5:52 pm

Hi,
The HO has refused my application, based on the fact that I did not submit a sponsorship certificate no with my application. I was given a right of appeal, not based on their decision, but based on section 82 (1). what do you think I can do now.
Thanks.

Post by **manci** » Thu Aug 09, 2012 8:16 am

fundave0712 wrote:Hi,
The HO has refused my application, based on the fact that I did not submit a sponsorship certificate no with my application. I was given a right of appeal, not based on their decision, but based on section 82 (1). what do you think I can do now.
Thanks.

You normally only have 10 business days for an appeal. I think you should now consult a professional advisor.

There is another immigration forum http://www.ukresident.com/forums/ where an OISC registered lady is one of the moderators. She posts many times a day under the name Victoria and seems to specialise in family related immigration matters including appeals, human rights, etc. Her full name is Victoria Sharkey victoria.sharkey@medivisas.com and her firm is www.medivisas.com (phone 020 7953 3090). Initially you could just outline the situation in an email or phone and see what she says.

Post a follow-up.

fundave0712 · Post by **fundave0712** » Fri Aug 10, 2012 12:55 pm

Hi manci.
Thanks.

fundave0712 · Post by **fundave0712** » Mon May 13, 2013 5:00 pm

Hi,
Please I would appreciate your advice. I applied for tier 2 extension which was refused based on the fact that my sponsor's licence was revoked. I was given right of appeal, which has now been exhausted. Please what can I do now, to stay in the UK legally till my children will be 7years in the UK? My children will be 7years in the UK in 10months.
Thanks.

Post by **manci** » Wed May 22, 2013 9:31 am

Your sponsor's licence has been revoked last year.
What have you been doing since then and has your visa been curtailed?

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tier 2 visa extension

tier 2 visa extension