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Licence Reinstated back from Revoke, Can I withdraw new T2 Change of Sponsor application

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

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BalajiV17
Newly Registered
Posts: 5
Joined: Thu Nov 09, 2017 12:11 pm
India

Tier 2 Change of Employer Application on hold, What will happen if new employer licence suspended

Post by BalajiV17 » Thu Nov 09, 2017 12:42 pm

Hi, I have applied for Tier 2 G Change of Employer as previous employer licence revoked. On Premium service HO put my application on hold and requested more information from new employer. New company also had audit 2 months back and result is yet due to come which they did not told me at 1st place. What will happen to my application if new employer licence suspended and later revoked? Can I get again 60 days period to find new employer?
Any help and advice appreciated

sistema
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Posts: 5
Joined: Fri Oct 06, 2017 4:55 pm
India

Re: Tier 2 Change of Employer Application on hold, What will happen if new employer licence suspended

Post by sistema » Thu Nov 09, 2017 4:24 pm

Have you got the curtailment letter as your first sponsor licence is revoked? If not you are not in 60 days notice.

BalajiV17
Newly Registered
Posts: 5
Joined: Thu Nov 09, 2017 12:11 pm
India

Re: Tier 2 Change of Employer Application on hold, What will happen if new employer licence suspended

Post by BalajiV17 » Thu Nov 09, 2017 4:33 pm

No. I have not received curtailment letter yet

sistema
Newly Registered
Posts: 5
Joined: Fri Oct 06, 2017 4:55 pm
India

Re: Tier 2 Change of Employer Application on hold, What will happen if new employer licence suspended

Post by sistema » Fri Nov 10, 2017 2:06 pm

Meanwhile, if you are still working with your revoked sponsor and being paid, then don't worry about the curtailment. Sometimes it takes months to get the letter. Fingers crossed till a decision comes on your new sponsor's audit.

BalajiV17
Newly Registered
Posts: 5
Joined: Thu Nov 09, 2017 12:11 pm
India

Re: Tier 2 Change of Employer Application on hold, What will happen if new employer licence suspended

Post by BalajiV17 » Sat Nov 11, 2017 12:58 am

Is that employment considerable for ILR? (no more than 60 days gap between 2 employment?)

crazy_p
Junior Member
Posts: 95
Joined: Wed Oct 18, 2017 11:31 am
Location: London
United Kingdom

Re: Tier 2 Change of Employer Application on hold, What will happen if new employer licence suspended

Post by crazy_p » Tue Nov 14, 2017 12:07 pm

In a case of a suspension, you application will put on hold till the license thing gets sorted. You can submit a new application in the meantime if you need. (Eg: You can change the job and submit a new application from them in the meantime. I think there are no restrictions for that. )

We had the same issue recently and after a HO visit (Around June 2017) they sent a suspension ( NOT REVOKE ) notice pointing few things about the company and the employees. It took more than 2-3 months for the suspension notice.

Now we got 20 days to respond to that and we'll do that by the end of this week.

The revoking process starts ONLY if they are not happy with our response AS I KNOW. (Not 100% sure)

What is the expiry date of your current visa?

If you have more than 60 days, IN CASE OF A REVOKE, it will be curtailed to 60 days and you can find new sponsor or arrange any other plans within that time period. ( They will send you the documents including passport )

Normally the curtailed letter is sent out after few weeks to months. So, you'll have enough time in this case.

You can find more about the letter here.

https://www.gov.uk/government/uploads/s ... tv16.0.pdf

BUT IN CASE YOUR VALID VISA IS OVER BY NOW, I have a doubt that they will hand over the passport at the airport. I am not sure at all and couldn't find any examples. But logically I feel that's what is going to happen.

Double check this document and below is the point 19.9

https://www.gov.uk/government/uploads/s ... 5-2017.pdf

What happens to my sponsored migrants if my licence is
revoked?

19.9 If we revoke your licence, we will:
 immediately end (curtail) the permission to stay in the UK, or worker
authorisation of any migrants whom we believe were actively and knowingly
involved (complicit) in the reasons for the revocation of your licence – such
Page 87 of 205 Tiers 2 and 5: guidance for sponsors - version 05/17
as if the migrant agreed that you would arrange a non-existent job for them
so they could come to the UK
 shorten the length of the worker authorisation, or permission to stay in the
UK of any other migrants who were not actively involved to 60 calendar
days - if the migrant has fewer than 60 calendar days of their leave or
worker authorisation remaining, we will not shorten it

Hope you got an idea. I'll keep updated if we have any news. Cheers

BalajiV17
Newly Registered
Posts: 5
Joined: Thu Nov 09, 2017 12:11 pm
India

Licence Reinstated back from Revoke, Can I withdraw new T2 Change of Sponsor application

Post by BalajiV17 » Wed Dec 06, 2017 3:27 pm

Hi, My Employer licence had revoked so I have applied for T2 Change of Employer application with new sponsor which is on hold, but now after Judial Review HO reinstate back my Employer's Licence Tier 2 A rating. My colleagues are looking to withdraw application to continue work with same employer. Can I withdraw my application to continue my employment? I am expecting that I will receive my same BRP and passport back, Am I right?
What will be the status for my wife and son's dependent visa?
Please Admin, Senior members guide me on this.

crazy_p
Junior Member
Posts: 95
Joined: Wed Oct 18, 2017 11:31 am
Location: London
United Kingdom

Re: Licence Reinstated back from Revoke, Can I withdraw new T2 Change of Sponsor application

Post by crazy_p » Wed Dec 06, 2017 4:03 pm

Hi BalajiV17,

Sorry for asking details on your thread. I am in a situation where my company license is suspended now. We submitted the documents within that 20 day period and it's almost a month now. We didn't hear anything. Can I know more details if you like about your case. Then I can have an idea and that would be a great help.

1. What were the reasons for the suspension / revoke?
2. How long did it take after you submitting the supportive documents to get a decision (Revoke notice) from UKVI ?
3. After the revoke, what was the process? Did they send a letter / email asking the current sponsored employees to stop work?
4. Did you get the 60 days curtailment letter after the revoke?
5. What were the grounds for your JR?

Again sorry to ask these things in your thread as you are expecting an answer rather than set of questions. Seniors and moderators will help asap.

Syk2018
Newbie
Posts: 33
Joined: Thu Mar 15, 2018 3:28 pm
United Kingdom

Re: Licence Reinstated back from Revoke, Can I withdraw new T2 Change of Sponsor application

Post by Syk2018 » Thu Mar 15, 2018 3:32 pm

It will be nice if anyone updates their situation rather put entire question blog as open.
Would be great for others if they are in same situation. Please update with your status.

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