Tier 2 licence revoked, what happens to 3C & right to work

[knucks]

Dear Seniors,

I am going through a terrible time and would appreciate if someone can answer me.

I was on the Tier 2 G visa which expired on 15th May 2016, I did not extend my Tier 2 G and instead applied for Tier 1 Entrepreneur. Please note that it was an in-time application so my leave extended under Section 3C.

I had received my biometric request on 08 Jun 2016 for Tier 1 Ent and unfortunately my Tier 2 sponsor licence was revoked yesterday dated 10 Jun 2016

Now will that affect my circumstances and restrict me to work for the fact that the company has lost its licence ?

[svasu]

sorry to hear this... you can continue being on 3C until your in time Tier 1 application is decided... with regards to continue working with employer, i am not sure... maybe other members can answer that question...

[knucks]

Dear svasu,

Thank you for your reply.

I know that the 3c does not break until the decision is made on a pending application. However, I am in a tricky situation as stated.

Just to clarify, the company I work for has T2 and non T2 workforce in place.

Technically I think I should be allowed to work as my 3c gives me the privilege to continue working regardless of tier 2 revocation, for instance, I could be working for any other employer.

Let's find out what the seniors have to say ....

[Wanderer]

For me 3c says your existing leave is considered as ongoing, which means under a T2 as per the grant of leave.

There's nothing stopping you applying for a other T2 role, RLMT/COS notwithstanding, but it doesn't mean you have unrestricted access to the labour market under it, as those are not the terms under which your leave was granted.

Also as the COS number is printed on the vignette (or used to be) that confirms my theory, added to which I'd doubt anyone would take a punt on you that restriction on your visa what the onus on employers to ensure employees have the right to work and the whopping fines they face.

[knucks]

Dear Wanderer,

I appreciate your reply. However I'm bit lost, after reading your reply I think you are stressing on the tier 2, kindly allow me to clarify.

Please be advised that I'm not exploring further options on Tier 2 G as I have already submitted my Tier 1 Ent application last month.

My leave is extended under section 3c, I received my tier 1 biometric request on 08-06-16 and my employers licence was revoked on 10-06-2016.

Now I am confused if I can work for the same employer or not ?

Regards

[Wanderer]

Dear Wanderer,

I appreciate your reply. However I'm bit lost, after reading your reply I think you are stressing on the tier 2, kindly allow me to clarify.

Please be advised that I'm not exploring further options on Tier 2 G as I have already submitted my Tier 1 Ent application last month.

My leave is extended under section 3c, I received my tier 1 biometric request on 08-06-16 and my employers licence was revoked on 10-06-2016.

Now I am confused if I can work for the same employer or not ?

Regards

AIUI, and I could be wrong, and often am, 3c extends your EXISTING leave, which is T2 leave. That's the crux to me. Wait for others tho!

[iworker]

As the licence is revoked and not suspended, I personally think the employer cant have u at their work place.
Just imagine, if u had not applied for tier 1 ent, and were working for current employer, after the licence was revoked, the employer should stop taking your services, and your visa would be curtailed to 60 days to either switch or leave the country. So yes, i think u can not work with the current employer anymore.

Also, once u have your ent visa, what are you intending to do? you wont be able to work for current employer or any employer, so it cant be that bad that u have to leave a bit sooner.

[knucks]

Dear iworker,

Thank you for your response.

In relation to your reply particularly second para, I agree with you 100% and really that is how it should be in the real world.

However, my dilemma is slightly different as I will be qualifying for SET LR in August 2016. Hopefully the UKV&I will not be able to make the decision in 2 months and then there will be a dependent application subsequently.

[iworker]

the original question that whether u can work or not, the answer to that is no.
rest all things are subsequent.
if i were u, i would take a unpaid leave from work till u get to ilr based on lr.
just a word to look out for, the outcome of tier 1 ent might be sooner than u think .

[knucks]

Dear iworker,

Thanks for the prompt reply.

Well I am not in the position to take any risk, so I will take your advice on-board. Even Wanderer suggested to quit the job.

I am gona go for the unpaid leave until things are sorted.

Appreciated your help.

Regards

[Frontier Mole]

Sorry to bang on about the rights of tier 2/5 employees beyond their sponsors licence revocation.

There is a huge loophole in the guidance that lets Sponsored employees remain in their employment post licence revocation. The employer can not be fined either.

The guidance does not state that on revocation the sponsored migrants are terminated / no longer allowed to work. It is completely silent on the matter.

Preventing illegal working also is silent on the matter and the usual rules apply.

Somewhat perversely but you have a valid right to work even though your intention is not carry on working for your previous Sponsor. Your 3c rights allow you to do so until your tier 1 application is decided.

Any other tier 2 colleagues can carry on working with the Sponsor until such times as they have their visa curtailed, which could take months to receive and will come with 60 days notice.

[iworker]

obviously frontier mole is most likely to be correct and i am likely to be wrong, but i think the reason they are silent on this is, once the sponsor gets its licence terminated, they get a letter explaining that all sponsored workers MUST cease to work immediately. i have not had a chance to see a letter recently, but this was the case before.

[knucks]

Sorry to bang on about the rights of tier 2/5 employees beyond their sponsors licence revocation.

There is a huge loophole in the guidance that lets Sponsored employees remain in their employment post licence revocation. The employer can not be fined either.

The guidance does not state that on revocation the sponsored migrants are terminated / no longer allowed to work. It is completely silent on the matter.

Preventing illegal working also is silent on the matter and the usual rules apply.

Somewhat perversely but you have a valid right to work even though your intention is not carry on working for your previous Sponsor. Your 3c rights allow you to do so until your tier 1 application is decided.

Any other tier 2 colleagues can carry on working with the Sponsor until such times as they have their visa curtailed, which could take months to receive and will come with 60 days notice.

Dear Frontier Mole,

Thank you for the explanation.

You are a life saver !!! I was kinda relieved after reading your reply :p To be honest its a grey area and I cannot find a definite answer myself. The guidance and immigration rules only talk about current & entry clearance applicants.

[knucks]

obviously frontier mole is most likely to be correct and i am likely to be wrong, but i think the reason they are silent on this is, once the sponsor gets its licence terminated, they get a letter explaining that all sponsored workers MUST cease to work immediately. i have not had a chance to see a letter recently, but this was the case before.

The letter says "Please note that from the date of this letter you are no longer licensed to continue to sponsor employees or issue further CoS"

I am meeting a barrister tomorrow. Lets see what he has to say ...

[Frontier Mole]

The letter states that you can not continue to Sponsor employees, obviously because they don't have a licence. However it does not state that employees have to be terminated.

The employees RTW is based on having a valid visa to do so. Until such time as that visa is curtailed then the RTW continues.

It is a perpetual bug bear of the system and is totally at odds with the idea of Sponsorship and many would like to see revocation and curtailment aligned. Despite the obvious correlation the policy does not support it and each and every T2/5 visa beneficiary has to be curtailed separately, no back dating to date of revocation.

I have seen revoked businesses continue to employ T2 migrants for months.

[n8net]

can you please update what your solictor advice pls ?

[knucks]

I am seeing him at 5pm, will inform you guys later tonight

[n8net]

as far as I can see, since your Tier 2 will be curtailed, you should have section 3D, so you should be able to work.

anyway, lets wait for solicitor.

[knucks]

Guys sorry for the late response as I had to meet a couple of barristers before I could decide whether to resign or keep working for the same employer after the revocation of my tier 2 sponsor licence.

Further to my meetings, I learnt that the sections 3C and right to work is not affected after the revocation as far as an applicant files an in-time application.

However, it has not been explicitly stated in the guidance or within the immigration rules. I was also told that the ukvi can refuse the application under the above circumstances particularly these days but it can be challenged and won through the court proceedings. Obviously that will take a couple of months and will incur further cost.

So really I would say it is down to the individuals discretion. I am reaching my 10 years in August with a dependent and cannot afford a refusal or further cost, so I will just resign now, and commence my employment once things are sorted.

Regards