Urgent- advice needed

[manci]

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?

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