My employer's sponsorship license has been revoked by UKBA

tonbwor · Post by **tonbwor** » Tue Jul 23, 2013 11:14 pm

If someone helps me on this particular issue I am facing now. I am currently on Tier 2 general visa and I was granted for 3 and half years since last July.

But recently, UKBA has issued a letter to my employer for revocation on the cease trading ground that they have found out our company has dissolved on register of company office. But that was wrong decision as we just transferred our register office to another country and trade is still continuing in UK as before. This is our sincere missed out to inform them this changes.

My question is can they reverse this revocation decision if we can prove the evidences of our genuine trading. What can happen to my visa? I am really devastated as it will be difficult to find new sponsor in this short period.

Could someone can advise me if they have or hear the same scenario like me?

Many thanks. I would be very grateful.
Ton Bwor

Post by **Lucapooka** » Tue Jul 23, 2013 11:33 pm

If the licence is not restored, your leave will be curtailed. It is not possible to comment on the reason or the outcome of the actual licence as the details are not available.

tonbwor · Post by **tonbwor** » Tue Jul 23, 2013 11:45 pm

Thanks for reply, Luca.

It has been two days of revocation our sponsor. We are genuine company and our company is operating hotel business in UK. Our HO was not aware to inform Home Office with our change of company information.

My sponsor has changed their register office address in Oct 12 but failed to inform UKBA. Just recently, UKBA found out this and removal our sponsorship
describing we stop trading. In this case, home office can reinstate our license back? If we hire a solicitor to take action on this immediately, can we save it?

As for me, Will UKBA send the letter that I am no longer on visa? Or should I assume I don't have right to stay in UK. Please help.

Many Thanks.
Ton Bwor

tonbwor · Post by **tonbwor** » Tue Jul 23, 2013 11:55 pm

Please help me as I realise that I have limited time to sort out.

Should I go and see our district MP as our company is genuine and medium size company?

At the same time, my husband has already submitted dependant visa outside UK (Myanmar) and no decision has been heard yet. Should we withdraw his visa before decision as we worry they may suspend him to come UK for some period if they may also think as illegal.

Please advise me what should I do?

many thanks all and good luck too.
Ton Bwor

Post by **Lucapooka** » Wed Jul 24, 2013 9:54 am

This is a matter for your sponsor and you should be talking to them. They should be talking to the ukba. I don't know how this forum can serve you individually other than what I stated in my first post. If you think it is unlikely that you sponsor can resolve this you might consider looking for an alternative employer.

tonbwor · Post by **tonbwor** » Wed Jul 24, 2013 10:21 am

Now they hired a lawyer to fight against this decision. As first step, our lawyer will gently write a letter to back down their decision. If UKBA can't change their decision, we will take legal action.

In this case, can we win? or should I wait until the result came out or should I find new employer. UKBA has not informed me for stay. Does it mean they are still thinking or I should assume that I have 60 days?

What should I do? Please assist me with this situation.

Thanking you for sharing ideas.

Tonbwor

tonbwor · Post by **tonbwor** » Wed Jul 24, 2013 12:18 pm

Dear Lucapooka,

Could you please reply my questions as I am really stressful and can't do anything. Do you think our lawyer can help to reverse this revocation license by admitting this is our oversight mistake on guidance and by providing evidences we are still legally operating business in UK and we just changed register office. I don't think I can find new sponsor with this short period.

Please advise me what can happen? Would UKBA write a letter to me to curtail my leave?

Our level 1 user replied by email to UKBA on Monday with proof that we did not cease trading and we are genuine. Can it help their decision?

Please share your thought. I have one idea that I will meet our district MP. Can he/she help me?

Many thanks and look forward to reply.

Kind regards,
Ton

Post by **Lucapooka** » Wed Jul 24, 2013 12:31 pm

It's not possible to comment about the outcome in any meaningful way. If there is a lawyer involved you will have to speak to him as he will have all the necessary information. Speaking to your MP is completely inappropriate to the circumstances.

Post by **manci** » Wed Jul 24, 2013 6:09 pm

You may wish to read about the circumstances in which licences may or will be revoked and what happens to sponsored migrants in this situation:
http://www.ukba.homeoffice.gov.uk/busin ... e-licence/

http://www.ukba.homeoffice.gov.uk/busin ... /migrants/

As Lucapooka suggested, leave it to the company's solicitor to deal with the HO. It will be for the solicitor to show, if that is indeed the case, that the company has not ceased to have an operating or trading presence in the UK. The HO probably revoked the licence because they became aware that the UK company was dissolved (of which they should have been informed as part of the sponsor's duties in any case).

Should the revokation decision stand you will be contacted by the HO (provided they have your current address) and your leave will be curtailed to 60 days.

tonbwor · Post by **tonbwor** » Wed Jul 24, 2013 10:37 pm

Hi Manci

Many thanks and very much appreciated for your advice and information. I am not sure which is lucky or not because HO contacted to our HR that they will reinstate the license but they will suspense for some time until they satisfy. The reason they contact is our HR has emailed a letter to HO before solicitors do any. So that now they replied that. They advise us they will pay a visit to us.

I would like to know what they might ask me and from company.

I have the last question as I have so many issues at the same time. My father in law died but that is personal. My husband has applied dependant visa a week ago outside UK so that his visa in the middle of the process. With this situation, should he withdraw his visa or leave it to their decision?

If you can assist me, many thanks for your help.

Kind regards,
Ton

Post by **manci** » Thu Jul 25, 2013 7:23 am

Glad to hear that the revokation has been changed to suspension which is a less severe action. See:
http://www.ukba.homeoffice.gov.uk/visas ... rslicence/
and
http://www.ukba.homeoffice.gov.uk/sitec ... Binaryfrom para 683 onwards

The reason for the suspension was probably the fact that your sponsor was in breach of their sponsor duties.

As you will see from the above references your immigration status in the UK is unchanged by the suspension of the licence so IMHO your husband's dependant visa application should not be affected (unless the ECO already made a decision on the basis of the previous revokation)

tonbwor · Post by **tonbwor** » Thu Jul 25, 2013 11:07 pm

Hi Manci

Your advice is very helpful and very appreciated. I have read your link provided regarding to suspension.

Now HO informed us they will visit to our office. I just wonder what they can interview. Are they gonna interview me or my company. If they interview me, what kind of questions they will ask me. If for company, what should we prepare for them before their visit.

If you can share more information, I would be grateful.

Many thanks.
Kind regards,
Ton

Post by **manci** » Fri Jul 26, 2013 11:32 am

The employer should study the sponsor guidance, with particular reference to their reporting and record keeping duties, to see where they failed to compy.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

They may interview you, too, and if they do you must answer all questions truthfully.

tonbwor · Post by **tonbwor** » Sat Jul 27, 2013 1:15 pm

Hi Manci

This is very stressful moment I am having now and all your help is very much appreciated.

As I am working according with home office rules, definitely I will answer all correct.

Thanks for everything. I just wish now for my luck.

Kind regards,
Tonbwor

tonbwor · Post by **tonbwor** » Fri Aug 09, 2013 12:50 am

Hi Manci

Hope all is well with you.

As I told you as per our Human Resource, UKBA has suspended our license and they said they will visit to us last two weeks ago. Since then, I have been asking our HR any update from UKBA but HR said they heard nothing. Now I am worried that is that true that they suspended. In that case, how can we contact a lot to them and check suspension. Should HR wait and see without contacting HO? What should I do?

Should our company's HR send Judicial letter to HO if the case is holding indefinitely?

Thanks in advance for your kind advice.

Kind regards,
Tonbwor

Post by **manci** » Fri Aug 09, 2013 7:21 am

HR could phone the sponsorship helpline 0300 123 4699 to find out the status of the licence but even though you are understandably anxious two weeks delay is very far from "indefinitely".

tonbwor · Post by **tonbwor** » Fri Aug 09, 2013 7:30 am

Good moring Manci,

Thanks for everything.

I am not sure our HR will call HO. If they would call, this would clarify things I worry .

What about judicial letter in this stage? Is it necessary to write this kind of letter to reinstate full sponsor as before they visit?

Many thanks again.

Kind regards,
Tonbwor

tonbwor · Post by **tonbwor** » Fri Aug 09, 2013 9:46 am

Hi Manci

It is me again. As I am worried and I asked our HR to call for status. They just called and HO said ours is A rate. What should we do futher? Should we wait until HO contact us?

Please help me urgently.

I am really appreciating your help throughout this matter.

Many thanks.
Kind regards,
Tonbwor

Post by **manci** » Fri Aug 09, 2013 1:26 pm

you can check the sponsor register yourself:
http://www.ukba.homeoffice.gov.uk/sitec ... ofsponsors

tonbwor · Post by **tonbwor** » Fri Aug 09, 2013 1:47 pm

Hi Manci

Thanks for your link. I have checked it already. Our name is not there as suspension.

thanks.
Tonbwor

Post by **manci** » Fri Aug 09, 2013 2:35 pm

is the company's name there as an A rated sponsor?

tonbwor · Post by **tonbwor** » Fri Aug 09, 2013 5:10 pm

Hi Manci

Our company name was in that list before but obviously, since this case, our name is not there now. So how can I check whether A or B but the advisor from employer help line confirmed that we are still A grade.

thanks.
Tonbwor

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My employer's sponsorship license has been revoked by UKBA

My employer's sponsorship license has been revoked by UKBA