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Sponsor Licence Application Rejected, Eligibility to work?

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Kap31
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Joined: Sun Nov 20, 2016 9:56 pm

Sponsor Licence Application Rejected, Eligibility to work?

Post by Kap31 » Sun Nov 20, 2016 10:26 pm

Hi All,

Urgently need your help. I was on a Tier 2 visa sponsored by our management Company A in March 2014 for 3 years and due to expire in March 2017. My company was taken over by a Management Company B in Jan 2015 and the employees on Tier 2 visas were transferred under Company B's Licence. All was fine until my organisation was taken over by Company C in May 2016 and Company B sent the employees a letter saying that we have 60 days to find alternative sponsored employment or leave the county as Company C is not interested in applying for a Sponsor Licence.
In order to retain us employees, Company C agreed to apply for a sponsor licence application within the 28 days under one of their owned Company D's name ( my current place of work) which got rejected as our HR was not able to convince the Compliance officer that we have the systems in place to comply with the sponsor responsibilities during their visit. We were able to appeal the decision as a caseworker error within 14 days however UKVI have maintained their decision of keeping our application rejected.
Now I have visa till March 2017 and during this period have not received any curtailment letter from UKVI. My company D is not looking at going for a Judicial review therefore looking for an alternative sponsored employment is my only option.

My question is -
1) Can I continue working with my present employer until the end of my visa or until we receive a curtailment letter?
2) If I receive a curtailment letter with the 60 days timeframe, do I need to stop working straight away or canI continue working till the end of the 60 day period?

I will appreciate any help you can offer as my employer is unaware and are considering terminating our employment. There are not clear notes regarding my case on Gov.uk which doesn't help as I don't know if I am legally allowed to work with my current employer. They are also looking to contact UKVI which will remind UKVI to send us a curtailment letter incase they haven't or are not planning to as I could do with not receiving one so that I have time until March 2017 to find alternative sponsored employment.

iworker
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Posts: 2029
Joined: Thu Aug 09, 2012 2:11 pm
Location: Hampshire
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Pakistan

Re: Sponsor Licence Application Rejected, Eligibility to wor

Post by iworker » Mon Nov 21, 2016 10:45 am

As you were sponsored by company B and currently working at company D, you are in breach of your visa conditions.
Best way forward for u is to find something else asap

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Sponsor Licence Application Rejected, Eligibility to wor

Post by manci » Mon Nov 21, 2016 10:01 pm

your employer should contact the Employer Checking Service to find out if they can legally employ you. They'll get an answer in 5 days.

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