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Can an employer issue the extension CoS now given their own license expires in 2019?

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

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querybot
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Can an employer issue the extension CoS now given their own license expires in 2019?

Post by querybot » Thu Oct 19, 2017 1:44 pm

The employer as you know has a 4 year license.Feb 2015-Feb 2019.
My current CoS runs from April 2015 -May 2018
So, can the employer still issue me a CoS extension in this scenario?

ravisb_2014
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Re: Can an employer issue the extension CoS now given their own license expires in 2019?

Post by ravisb_2014 » Thu Oct 19, 2017 2:11 pm

Yes, they can issue.
Your employer must renew their license before expiry date, i.e. Feb 2019.
Otherwise your leave will be curtailed after Feb 2019.

querybot
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Re: Can an employer issue the extension CoS now given their own license expires in 2019?

Post by querybot » Thu Oct 19, 2017 2:24 pm

Thanks for your reply. What are the problems that one company might face in getting their license extended given that they only have legal presence in the UK and no office anymore. Will this cause any technicalities?

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Re: Can an employer issue the extension CoS now given their own license expires in 2019?

Post by CR001 » Thu Oct 19, 2017 2:37 pm

querybot wrote:
Thu Oct 19, 2017 2:24 pm
Thanks for your reply. What are the problems that one company might face in getting their license extended given that they only have legal presence in the UK and no office anymore. Will this cause any technicalities?
If they have no office and staff here and are technically no longer a business, what exactly are you doing as a job if their presence is only a legal one (or one on paper only)??
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querybot
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Re: Can an employer issue the extension CoS now given their own license expires in 2019?

Post by querybot » Thu Oct 19, 2017 2:40 pm

They do have me working in the UK from home so technically that is an office. I do software development work.

Since I am on their payroll, and the company exists in essence, just not physically since a year because a part of the business was sold so they decided no need to run an office.

But since i wanted to be in the country, I stayed where I am. The head office is in Ireland however. But the company is here, pays taxes and is active.

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Re: Can an employer issue the extension CoS now given their own license expires in 2019?

Post by CR001 » Thu Oct 19, 2017 2:48 pm

I suspect you will have problems.

Did your sponsor notify HO of this change in circumstances?

If they have no offices/HR etc here, who is the level 1 SMS user?
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Re: Can an employer issue the extension CoS now given their own license expires in 2019?

Post by querybot » Thu Oct 19, 2017 2:53 pm

What sort of problems?

I am sure they keep their system updated with regards to HO.

Level 1 SMS user is probably the boss.

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Re: Can an employer issue the extension CoS now given their own license expires in 2019?

Post by CR001 » Thu Oct 19, 2017 2:57 pm

I will leave others to comment, but something doesn't sound right with your sponsor and if HO decides to visit the sponsor and check all their paperwork, there is no office.
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Re: Can an employer issue the extension CoS now given their own license expires in 2019?

Post by CR001 » Thu Oct 19, 2017 2:59 pm

Sponsorship guidance below and what their responsibilities are.

https://www.gov.uk/government/uploads/s ... 5-2017.pdf
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Re: Can an employer issue the extension CoS now given their own license expires in 2019?

Post by ravisb_2014 » Thu Oct 19, 2017 3:00 pm

For a company to sponsor someone must have a office registered in UK. what is the current address of your company that was updated through SMS to HO.

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Re: Can an employer issue the extension CoS now given their own license expires in 2019?

Post by querybot » Thu Oct 19, 2017 3:01 pm

No where does it say that it needs a physical office.

Years it did, but not anymore.

Anyway thanks for your help. Certainly a technicality arises here.

Edit: Current address is already present in the system, it is of the Accountancy firm I believe.

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Re: Can an employer issue the extension CoS now given their own license expires in 2019?

Post by ravisb_2014 » Thu Oct 19, 2017 3:15 pm

check the guidelines, mainly section 7 and 12.

querybot
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Re: Can an employer issue the extension CoS now given their own license expires in 2019?

Post by querybot » Thu Oct 19, 2017 3:29 pm

I see, well, it does have a license. The matter is of extending it.

I'll leave it to them. I was researching for my own curiousity.

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Re: Can an employer issue the extension CoS now given their own license expires in 2019?

Post by Djsuccess » Thu Oct 19, 2017 7:20 pm

querybot wrote:
Thu Oct 19, 2017 2:40 pm
just not physically since a year because a part of the business was sold so they decided no need to run an office.


Selling part of the business is enough to get their licence reviewed. If they have not notified UKVI that they sold part of the company and then moved their company to Ireland, there is no way they will be able to extend your visa or renew their licence.

Is the company still registered with companies house?
Are they still paying their tax?
How are you getting paid?
Are you also paying your tax?

I will advise you start looking for another sponsor because there might be problems extending your visa. That is if the licence is not revoked before then.
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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