HR forgot to renew Sponsorship Certificate now I must leave!

[redd]

Hi,

My employer forgot to renew the license and they applied renewal after expired for 8 months. Home office replied they accepted their renewal and transferred my current visa to the new license last December. However I have just received a letter about curtailment last week. My company said they will ask Home Office to clarify if there’s any misunderstanding in between.

I’m due to apply ILR at the end of this year, if I do need to go back, I guess I will lose my ILR status. Just want to ask you guys if you have any similar situation before. If you managed to stay after renewing the license and cos, will home office count the ‘out of license’ period as a break between the 5 year period?

Thanks in advance!

[CR001]

I have split your post from the topic you tagged onto. Kindly refrain from digging up 4 year old threads.

[Ken Patel]

Hi,
Sorry to hear about your situation. If you want we can help but need more information about your situation. We had an account here before but its been long and I actually came here for some other reason and found your post. So if you need help please reach out.

[redd]

@CR001, sorry for relying on old post. Thanks

@Ken, thanks. My employer was not awarded the license will expire after certain years, once he discovered, he had immediately informed Home Office for renewal and addressed the issue regarding on continue sponsoring my visa, admitted it was his mistake for the circumstances.

After gone through the licence renewal and transferring my current visa to sit under the new license, he received a confirmation letter in early Dec stayed the transfer of my visa is succeed and he should continue his sponsor responsibilities. That’s why it’s unsure for the reason of the curtailment.

One thing really worries me is, even if I can stay this time, would this 8 months ‘expired sponsorship licence’ of my company break my continuity of the 5 years period? As I literally haven’t stopped working in between. If this count as a break, I will no longer been able apply the ILR this year Very frustrates at the moment.

[redd]

A bit more detail on my background. I held a Tier4 student visa for 1 year in 2010, then switch to Tier 1 Post Study Work for 2 years, working with the same employer and they helped me apply Tier 2 (general) for 3 years. After that they applied Tier 2 extension for another 3 years until end of 2019. So ideally I should meet my 5 years Tier 2 employment this year. However, they are a small company and I am the first foreign employee who requires sponsorship.

I’ve done some research online, there’s a ‘Subject acccess request’ info can apply from Home Office to find out my information held by Home Office. Not sure whether this document can answer my question here.

Appreciate for any advice. Thanks

[kriscgn]

Hi, I have the same situation. I was due to apply for ILR on 17th November 2017 (completing 5 years under Tier 2 General). But my sponsor's licence expired just 20 days before this, as they forgot to renew the licence. They then applied for a new licence and obtained a licence on 6th January 2018. I am still working for the same company. Can my existing visa be transferred under the new licence? I have not received a curtailment letter yet, and have valid leave until 15 March 2018. Please advise. Thanks!

[Djsuccess]

Hi,

My employer forgot to renew the license and they applied renewal after expired for 8 months. Home office replied they accepted their renewal and transferred my current visa to the new license last December. However I have just received a letter about curtailment last week. My company said they will ask Home Office to clarify if there’s any misunderstanding in between.

I’m due to apply ILR at the end of this year, if I do need to go back, I guess I will lose my ILR status. Just want to ask you guys if you have any similar situation before. If you managed to stay after renewing the license and cos, will home office count the ‘out of license’ period as a break between the 5 year period?

Thanks in advance!

it is possible that the curtailment letter was prepared before your visa was moved to the renewed sponsor license. Ask your HR to check the SMS to confirm that your COS is still active. If your sponsor has resolved their license, then you have nothing to worry about.
A number of people have been wrongly issued with curtailment letters in the past. so don't worry. Let your HR check the sms and if need be, they call UKVI to confirm that you are still being sponsored.

please let us know when you have an update. I have the feeling that you will be fine.