Advice Please: Sponsor License delays, Visa Expiring

[needhelpplease]

Dear All, I know people have written in with similar issues, but I was hoping I could gain some advice for my particular situation.

The Facts

I am on a Tier 4 student visa expiring on 30/11/12 (soon!). I have been hon a student visa for over 9 years, therefore eligible for indefinite leave to remain (ILR) in September 2013.

The company that offered me a job applied for a sponsorship license on 18/07/12.

A plea for urgent treatment was submitted on 19/08/12 and followed up with a letter from my local MP in late October.

The company received confirmation from the UKBA on 6/11/12 that the application is being treated as urgent.

My Questions

I really cannot afford for there to be a break in my leave given that I am so close to being eligible for my ILR. Any general advice would be massively appreciated, but in particular I would like to ask:

1.) 'Urgent treatment' - does anyone know how long it will take given that the UKBA have agreed for this?

2.) Buying time - I have read about how people have suggested others to apply for a work permit without the CoS and license being issued, and then using the biometric invitation to buy time. 1.) This sounds risky - what if I am rejected? and 2.) Surely my biometrics are already on file from my biometric tier 4 residents permit?

3.) Back up plan - is there anything anyone suggest I do to have a back up plan for ease of mind and to ensure I don't lose these 9 years that I have acquired towards my ILR?

A very big thank you in advance.

[manci]

The company received confirmation from the UKBA on 6/11/12 that the application is being treated as urgent.

If no news from UKBA about the sponsor licence application by 19 November ask the company to repeat the request for urgent treatment explaining your situation and sending a copy of your visa:
sponsorlicensing.support@ukba.gsi.gov.uk
scoc@ukba.gsi.gov.uk

With the T2 application your biometrics will have to be taken again, so the "buying time" opportunity remains.

Read this post:
http://www.immigrationboards.com/viewto ... c&start=40.

[chuuk]

You might want to try the UKBA enquiry line here:

http://www.ukba.homeoffice.gov.uk/about ... migration/

I was in similar situation to you in late September, and I called the line at the time. The advice that I was given at the time was that if I made an application without the CoS details but with a confirmation letter from my company stating that a CoS had been applied for (with a mention of the application number or something similar), they would place my application on hold and process it when the CoS came through.

I got the impression that they are aware of this situation, and are accommodating for it.

Do definitely check with them in person, however. I do not know if the guidance has changed/what the story is currently. My situation was also slightly different in that my employer already had a sponsor license, and I was only waiting on a CoS.

[needhelpplease]

Ok so I called the UKBA.

Firstly the general response to my problem was as follows:

'They ask this question the whole time' 'We don't have a solution!' ' 'Leave the country and then apply' and 'I'm not an immigration advisor'

Its clear that I can't do the 'legal overstay' by up to 28 days, because that will cause a break in my leave and that will in turn mean my ILR application next year may be refused.

Re: Sending in an application before the sponsorship license has been granted

The woman was very clear to say that she cannot advise me on this, and obviously the strict guidance is that an incomplete application will be turned down immediately.

However, I explained to her that I had been reading that given the long delays (which are no fault of our own), some people have been sending in applications before the license has been processed, explaining the circumstances etc, and whether this was OK.

Her response was that 'these calls are recorded' and 'im not trained to advise you' indicating that she somewhat conceded that this is an option. But then again, the real issue here is if you/I are the unlucky one who they turn down immediately??

Does anyone know any immigration advisors who are experienced with helping in this sort of matter?

[chuuk]

I would suggest you speak to a good immigration advisor as well, if they aren't giving you confirmation that it's acceptable it might be better not to risk too much.

I'm afraid I can't be of much more help; my CoS eventually did arrive in time so I didn't have to make an application without it.

[needhelpplease]

I agree, can anyone recommend a good immigration advisor?

[nitrup]

[quote="needhelpplease"]I agree, can anyone recommend a good immigration advisor?[/quote

if you are in London, i would suggest Visa Beaureu