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Tier 2 general extension

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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A871SAR
Junior Member
Posts: 73
Joined: Tue Apr 11, 2017 11:27 am
India

Tier 2 Company Sponsor Visa

Post by A871SAR » Thu Apr 13, 2017 3:47 pm

Hi,

I have been working for this company since Feb'13 Apparently when I Finished my Post Study Work Visa Same Company sponsored me on Tier 2 Visa Everything went smooth except some weird questions asked by UKVI Since Sept'14 I am on Tier 2 However My company went into Liquidation in January 2017. Ever Since I am working under a new Company name. My boss has not made any changes except the company name and Address Everything else remained same. I am so confused to know what shall I do to get this sorted legally I do not want to take any risk on my status do I have to go through the whole process again like reapply for sponsorship license, RLMT :? apply for a new COS. However, My Visa is valid Up Until Sept'17 and sponsorship Licence is valid until Apirl'18.

I would like to know am I eligible to work for the same company under a new name? or do I have to first get the license and apply for New COS?

Every Opinion would count please.

Thank you.
Shak

User avatar
Djsuccess
Diamond Member
Posts: 1160
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: Tier 2 Company Sponsor Visa

Post by Djsuccess » Sat Apr 15, 2017 10:55 pm

A871SAR wrote:Hi,

I have been working for this company since Feb'13 Apparently when I Finished my Post Study Work Visa Same Company sponsored me on Tier 2 Visa Everything went smooth except some weird questions asked by UKVI Since Sept'14 I am on Tier 2 However My company went into Liquidation in January 2017. Ever Since I am working under a new Company name. My boss has not made any changes except the company name and Address Everything else remained same. I am so confused to know what shall I do to get this sorted legally I do not want to take any risk on my status do I have to go through the whole process again like reapply for sponsorship license, RLMT :? apply for a new COS. However, My Visa is valid Up Until Sept'17 and sponsorship Licence is valid until Apirl'18.

I would like to know am I eligible to work for the same company under a new name? or do I have to first get the license and apply for New COS?

Every Opinion would count please.

Thank you.
Shak
Your question is not so clear. Your company went into liquidation in January 2017? Did your sponsor inform the UKVI about the liquidation? liquidation, merger and acquisition including change of name and address should be reported to UKVI via SMS within 20 days of the change.
Which new company are you working for now? Did your boss start a new company after liquidating the old one? if yes. Your boss has failed to carry out his/her sponsor duties (from the liquidated company) and as a new company he/she does not have license to employ Tier 2 worker. I guess the case might not be as easy as you think.

Your boss need to start by notifying UKVI of the liquidation and the existence of the new company and the fact that you have been working in the new company since liquidation of the old company.

There 2 likely outcomes,

1. Old license revoked and your boss will be asked to apply for new license under the new company
- having failed sponsors duties, I don't think a new license will be issued to your boss
- depending on the reason for liquidation, I also doubt if your boss will be deemed fit to sponsor tier 2 after liquidation.
2. old license revoked immediately with sanctions/ fines for failure of sponsor duties (old company) and employing a tier 2 worker without a license in the new company.

License will most likely be revoked and your visa curtailed with 30 days notice period to change job or leave the country. I will advise you start looking for another job and sponsor.

To make thinks right, your boss must inform UKVI about all the changes that have taken place starting from the liquidation. Read Tier 2 sponsors' duties here (sections 12,13 and 14)

I wish you all the best.


All these are my personal opinions
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

A871SAR
Junior Member
Posts: 73
Joined: Tue Apr 11, 2017 11:27 am
India

Re: Tier 2 Company Sponsor Visa

Post by A871SAR » Sun Apr 16, 2017 12:36 am

I thank you for the advise could you please delete the post and my account.

I no longer need any advise as everything is been cleared now.

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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: Tier 2 Company Sponsor Visa

Post by CR001 » Sun Apr 16, 2017 11:25 am

A871SAR wrote:I thank you for the advise could you please delete the post and my account.

I no longer need any advise as everything is been cleared now.
Posts are not deleted and user account aren't either. You can ask for your account to be deactivated but posts will remain.

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Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

A871SAR
Junior Member
Posts: 73
Joined: Tue Apr 11, 2017 11:27 am
India

Tier 2 Extension Requirement

Post by A871SAR » Thu Aug 31, 2017 12:53 pm

Can anyone please help me out with Tier 2 (Specific) Extension requirement as its very urgent. I am in 2 minds to know whether do I have to show one month's payslip or not? as my Employer has moved me over to a different company under TUPE REGULATION. We have recently been granted license to our new company where I have been moved over to however, UKVI has approved the TUPE Request and Moved my CoS over from Comp A to Comp B we made a Cos Req soon we granted Licence after that UKVI asked my Boss to submit Contract Papers and confirm in the agreement that I have been Tupe'd Over which we did last week. Yesterday he had a confirmation email saying your req for Transfer over is been approved and we have moved Mr. Mirgrant's Cos from Comp A to Comp B. My Question is Do we still need to request a New CoS ? and what else do I have to show them whilst applying for my extension which is in next 2 weeks.

Your help will be appreciated.

A871SAR
Junior Member
Posts: 73
Joined: Tue Apr 11, 2017 11:27 am
India

Tier 2 general extension

Post by A871SAR » Wed Sep 13, 2017 6:36 pm

I'm just wondering to know do I need a new COS to extend my visa ?

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Djsuccess
Diamond Member
Posts: 1160
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: Tier 2 general extension

Post by Djsuccess » Wed Sep 13, 2017 7:46 pm

A871SAR wrote:
Wed Sep 13, 2017 6:36 pm
I'm just wondering to know do I need a new COS to extend my visa ?

Yes you do
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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