ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

what if sponsor licence is refused

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

Locked
mgrg
Newly Registered
Posts: 10
Joined: Sun Aug 13, 2017 5:59 pm

applying sponsor licence after take over

Post by mgrg » Sun Aug 13, 2017 6:46 pm

hi,
I am in some trouble at the moment. I will be very honest with all the facts. please i need some real genuine advices.
I came to uk as student in 2010. after passing my degree in 3rd class degree, i met a guy who has just set up a new business. instead of leaving uk or applying for masters course, we both agreed a deal. we applied for sponsor licence and he sponsored my visa. the deal was, I would pay the cost of all fee related to licence. he was a big help during that time. luckily, everything went smooth and got visa. I even extended visa and in next 10 months i was planning to apply for indefinite.
During this years, we both worked very hard to grow the business. i even worked in holidays sometimes. people can hardly imagine how honestly and dedicatedly i worked for the company. now the company makes almost 150K transaction every month.
But all of sudden my employer sold the company without giving me any notice. he said he has agreed with the new owner of the company that he will sponsor me, but he has to make a new application for sponsor licence. is it gonna be easy to get him a licence or its hard to get since home office is being more strict these days. he also said every single thing in the company will be exactly same except the owner, so it is more likely he will get licence.
the thing why i am worried is, it's the fact that i have come a long way to get a indefinite to live in this country. I have to stay here to make money and help family back home since i am the only one in family to earn. father is retired and no pensions, and sibblings are not in the state of earning.
i want to know is it easy to get a licence by the new owner? and in case if the application is reject, how can i continue my stay here in uk? please help.

mgrg
Newly Registered
Posts: 10
Joined: Sun Aug 13, 2017 5:59 pm

Re: applying sponsor licence after take over

Post by mgrg » Sun Aug 13, 2017 8:36 pm

is it easy to get a sponsor licence if i takeover a company who already has a tier 2 sponsor licence.
please someone advice.

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

Re: applying sponsor licence after take over

Post by Djsuccess » Sun Aug 13, 2017 11:47 pm

You might need to find out a bit more on the new owner.
What exactly happened in the takeover?
Was your company taken over by another company or an individual?

The first place to start from is by asking your company to notify UKVI through the SMS that the company has undergone some changes. In this case, change of director or share holder or owner. They will explain that everything about the company will remain the same.
once this is updated, UKVI will contact your sponsor and advice on what to do. Usually, ask them to reapply for sponsorship licence.
I guess they will need some documents from the new owner and the company. While securing licence might not be a big issue, the main concern is how long it takes to get the licence.
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.

mgrg
Newly Registered
Posts: 10
Joined: Sun Aug 13, 2017 5:59 pm

Re: applying sponsor licence after take over

Post by mgrg » Mon Aug 14, 2017 8:22 pm

Thank you very much djsuccess for your reply. As far as i know, it's only a change or director. The new owner has his other business, however he is not merging it. He wants to keep it as a seperate business and run it exactly the same way the old owner has been running for at least a year. so that takeover won't affect the employees.
I am only worried about if the home office rejects the licence, i will be in trouble. I am hoping for the best.

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

Re: applying sponsor licence after take over

Post by Djsuccess » Mon Aug 14, 2017 10:47 pm

mgrg wrote:Thank you very much djsuccess for your reply. As far as i know, it's only a change or director. The new owner has his other business, however he is not merging it. He wants to keep it as a seperate business and run it exactly the same way the old owner has been running for at least a year. so that takeover won't affect the employees.
I am only worried about if the home office rejects the licence, i will be in trouble. I am hoping for the best.
Soit appears you will have to re apply for sponsorship licence. If your new director has not had any bad record with UKVI, it should be straight forward getting the licence. Just that processing time these days takes long.
All the best
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.

mgrg
Newly Registered
Posts: 10
Joined: Sun Aug 13, 2017 5:59 pm

Re: applying sponsor licence after take over

Post by mgrg » Wed Aug 16, 2017 8:29 pm

thank you very much djsuccess. i really appreciate.

mgrg
Newly Registered
Posts: 10
Joined: Sun Aug 13, 2017 5:59 pm

UKBA visit for sponsor licence application

Post by mgrg » Wed Oct 18, 2017 8:33 pm

Hi everyone, I just want to know how likely are UKBA rejecting a sponsor licence application on the basis that the tier 2 immigrant's job role and duties doesn't match what it has been stated on application.
I am the tier 2 immirant here. I was working for a company. But couple of months ago, my previous employer sold the business to my current employer.
Current employer is applying for a new sponsor licence to sponsor me. Now UKBA wants to visit us. The problem is there has been some changes in my job role and duties after my current employer took over.
I would love to hear from you guys, if anyone ever been through such situation.
Regards.

mgrg
Newly Registered
Posts: 10
Joined: Sun Aug 13, 2017 5:59 pm

what if sponsor licence is refused

Post by mgrg » Mon Nov 13, 2017 7:58 pm

Hi everyone. i need some genuine help please. I have worked for a company for last 4 years under tier 2 visa. Infact it was a very small company and was just started when i joined. I was a student when i joined, i was working part time. After i graduated here in uk, instead of going back to my country, my employer was so helpful that he applied for a sponsor licence and got me tier 2 visa. As i said it was a small company, i was the first employee and i have always been the 2nd man in charge in the company. Everything was fine, we extended the licence and and i extended my visa after 3 years. now i am in 4th year. next june i was planing to apply for settlement.
Trouble started when suddenly he sold the company. But he did made a deal with my new employer that he will get a new sponsor licence and help me get a legal status.
We applied for licence and home office came for visit.
Durin the visit, I kind of messed up things. The compliance officer might have doubt that the vacancy is not genuine. As i mentioned earlier, because of the size and types of company, my role in the company is not exactly as mentioned in my job title but i am definately the key person in company.
I know there is some lie in genuine vacancy but i am in the 4th year already. I have spend a lot of time and money on this. I am very worried now what happens if sponsor licence is refused.
can we make appeal?
everything got worse at the last minute. please reply with geniuine advice.

User avatar
Frontier Mole
Respected Guru
Posts: 4437
Joined: Tue May 06, 2008 12:03 am
European Union

Re: what if sponsor licence is refused

Post by Frontier Mole » Tue Nov 14, 2017 8:40 am

If the licence is refused then your leave will be curtailed due to the failure of the new ownership to gain a licence.
As for an appeal, there is no appeal process as such. You can ask for a review under an error has been made process or it is off to the High Court for a Judicial Review.

If the reason for the refusal is due to non genuine vacancy you will not succeed with any of the above. The threshold of evidence for NGV is clear and simple and is nearly impossible to argue successfully in favour of the Sponsor.

Given the position you hold and the probable do a bit of everything type role you do I am guessing you do sub RQF6 activities and that will be the main reason for the NGV concerns.

User avatar
CR001
Moderator
Posts: 88129
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: what if sponsor licence is refused

Post by CR001 » Tue Nov 14, 2017 8:59 am

Topics merged!!
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.

mgrg
Newly Registered
Posts: 10
Joined: Sun Aug 13, 2017 5:59 pm

Re: what if sponsor licence is refused

Post by mgrg » Tue Nov 14, 2017 10:05 pm

Frontier Mole wrote:
Tue Nov 14, 2017 8:40 am
If the licence is refused then your leave will be curtailed due to the failure of the new ownership to gain a licence.
As for an appeal, there is no appeal process as such. You can ask for a review under an error has been made process or it is off to the High Court for a Judicial Review.

If the reason for the refusal is due to non genuine vacancy you will not succeed with any of the above. The threshold of evidence for NGV is clear and simple and is nearly impossible to argue successfully in favour of the Sponsor.

Given the position you hold and the probable do a bit of everything type role you do I am guessing you do sub RQF6 activities and that will be the main reason for the NGV concerns.
thank for your reply. my job role in the paper is different than what i actually do but is equally responsible and of same position. And i think he compliance office might have doubt of genuine vacancy because i was very nervous and was seen on my face. I could have answered his questions lot better way if it wasn't a home office representative and if i could answer in my own language.

Locked