Tier2 (General) ILR Application Pending Decision-Company Revoke (Urgent Help)

[sri17 seerapu]

Hello All,

Kindly need your help and advise.

I have applied for ILR on 09/nov 2016 (Same day Service) through Tier-2 general 5 years route.My applicaiton was held back stating need some additional checks to complete. It is still pending decision till now.

On 9th March 2017 we had a HO audit at our company and provided all the relvant documents request.

Two weeks back the company license is revoked.The company director is planning for JR, not sure how much it will be of Help.

I got my first Tier-2 general on 30 June 2011. My Visa is due to end on 15/Feb 2018 and don't think can extend any further as have completed 6 years with an extensions.

I have been trying to understand what are my best chances of getting ILR approved.

Any advise or suggestions will be of great help

Thanks everyone in advance.

Sri

[sri17 seerapu]

I did receive a letter today, stating my ILR application is refused on the basis that the company licence us being revoked & fail to meet the requirements of 245HF(C).

Further they have mentioned below.

"You do not have to leave the united kingdon during the time period in which you may apply for adminstrative review. If you apply for adminstrative review you do not need to leave the united kingdom until we decide your appplication. If you do not apply for amdinstrative review, or extend your leave to remain on another basis, you will soon be given further notice that you must leave the united kingdom".

Based on the above, i would like to understand if i can extend my visa through other sponspor?

Any help will be much apperciated.

[CR001]

I got my first Tier-2 general on 30 June 2011. My Visa is due to end on 15/Feb 2018

Are you sure about your dates? This would give you a tier 2 visa for almost 7 years.

Why was your sponsor's license suspended and then revoked?

Did you have a sudden or large salary increase shortly before applying for ILR?

[sri17 seerapu]

Thanks for the swift response.

I am sure about the dates mentioned.

Well, i did have raise a hike in salary from 28K to 36k in Feb 2016 after my performace review. It does sounds suspious for the sudden hike.I too agree, however my first initial Tier-2 visa which was granted in june 2011 the gross annual income was 40K.During my extension in Aug 2014, my previous was suspended which I came to lately and was undegoing JR. Thought they won and the company is re-instated now. Due to the delays caused in my visa extension for personal reasons i had to switch to new company for lesser pay.

After review of my work and performace the new company accepted to hike.

Unfortunately, i have no clear view why the second company is suspeneded. But i am aware that they failed to update my hike to HO via SMS.

I am slightly confused now on how to proceed.

1)Will admistration review be of any help?
2)Find new sponspership and apply for extension? if yes, then given that i have already completed 6 yrs , will i get any extension.
3)My second company is going to apply for JR this week. Will it be of any help to support AR.

Any adivse please

[CR001]

1)Will admistration review be of any help?

AR is for when HO have made an error. They have not in your case as you are no longer a sponsored employee, the refusal is correct.

2)Find new sponspership and apply for extension? if yes, then given that i have already completed 6 yrs , will i get any extension.

As you have already been on Tier 2 for more than 6 years, I doubt you will be able to extend. If you wish to stay, you would need to find another visa category you qualify for.

3)My second company is going to apply for JR this week. Will it be of any help to support AR.

JR takes ages, you have a limit on the time you can submit AR, if you feel HO made an error, which they did not.

hike in salary from 28K to 36k in Feb 2016

This is a substantial salary increase in excess of 28% and would have been an instant red flag to HO, especially if not reported on the SMS system.

Did other employees also benefit from such large increases or were you the only one in company to get an £8k increase??

How many other Tier 2 migrants does the company sponsor or are you the only one?

What is your job SOC?

[sri17 seerapu]

Did other employees also benefit from such large increases or were you the only one in company to get an £8k increase??
Yes, two of us

How many other Tier 2 migrants does the company sponsor or are you the only one?
6

What is your job SOC?
Not sure on the job code, my role is Test lead.

[sri17 seerapu]

I will go for AR, but meantime can i look for an alternative role who can sponser till end of my visa which is feb 2018.
Will the companies to be able for sponser for 6 months.

Appologies for too many questions.

[CR001]

How many other Tier 2 migrants does the company sponsor or are you the only one?
6

So 6 other people now have their visas hanging in the balance with no sponsor and likely to receive curtailment letters.

Did other employees also benefit from such large increases or were you the only one in company to get an £8k increase??
Yes, two of us

Did the other person also get such an enormous increase (if you know)??

I will go for AR, but meantime can i look for an alternative role who can sponser till end of my visa which is feb 2018.

AR will likely fail. You then only have 14 days to apply for another visa you qualify for. RLMT alone takes a full 28 days before you can be offered a postion.

Will the companies to be able for sponser for 6 months.

I doubt it as you have already been on Tier 2 General for more than 6 years.

[sri17 seerapu]

Can i siwtch to any other visa ?

[CR001]

The only options you have, if you qualify, are:

1. Tier 1 Entrepreneur if you have £200k

2. Tier 4 Student visa if you can get a CaS. You might have to apply from home country for this one.

Do you have dependents in the UK with you?

[sri17 seerapu]

I don't have dependents. I am single.

The reason why i asked for alternative visa , I first came to UK in DEC 2009 on Working holiday visa. I missed the HSMP window, so had to switch to Tier-2 general in June 2011.

If i fail AR or find any other sponserer then might need to find alternative visa for two years so can apply for 10 year stay ILR in dec 2019

[sri17 seerapu]

Missed to metion they did return back my passport & BR card along with the refusal letter.

[CR001]

I don't have dependents. I am single.

The reason why i asked for alternative visa , I first came to UK in DEC 2009 on Working holiday visa. I missed the HSMP window, so had to switch to Tier-2 general in June 2011.

If i fail AR or find any other sponserer then might need to find alternative visa for two years so can apply for 10 year stay ILR in dec 2019

Student or Entrepreneur would be your only options if you don't have a British or ILR partner.

[CR001]

Missed to metion they did return back my passport & BR card along with the refusal letter.

That is because you have a visa that has not expired. You can expect a curtailment letter in the post at some point.

[sri17 seerapu]

I am slightly confused now, given that the company is revoked and i still have valid visa .However, as i also completed 6 years of stay in which content will the curtailment letter be sent.
Just trying to figure out options possible,so can plan accordingly.
thanks once again for your time and swift response.

[CR001]

If your visa expires next year, your passport will have been returned to you as it has. If your visa expired earlier this year, your passport would likely not have been sent back to you.

[lizzard]

hi,

there is one thing i dont understand is that did your company received a suspension before the revoke of license?

[sri17 seerapu]

Yes, the company first received the suspense and later revoked.

[lizzard]

Didn't they give your company 20 days to reply for the suspension issue before revoke your license?

[sri17 seerapu]

I would presume they would have definetely given, our company didn't disclose about it

[CR001]

Is your employer a proper sponsor, i.e. not an Umbrella company for example?

[sri17 seerapu]

It is a proper company,not an umberalla.

Further, any advise on the below.

1)Managed to find a new role, will know in a day or 2 if they can sponser? If they are able to sponser then can i still be able to get visa for alteast 6 months or more although i have completed 6 years.

Or

2)Is it better to first appeal for Admin review and if the result is the same then go for JR?

PLease share your thoughts.

thanks in advance.

[sri17 seerapu]

Any recommendations on the previous email please