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Employer's Sponsorship Licence Delayed

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

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khans
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Posts: 80
Joined: Fri Jan 27, 2012 2:10 pm

Employer's Sponsorship Licence Delayed

Post by khans » Mon Apr 02, 2012 9:09 pm

Hi,
Can anyone advice on plan-B if the sponsorship licence is delayed for longer time than the current leave expiry?
If the visa is expiring 10th of May and Homeoffice has informed that there is a good chance that it can take more time for the sponsorship licence to be issued than that, what is best available route to gain additional leave to cover that period?
An immediate response will be much appreciated.

johnjkjk
Junior Member
Posts: 64
Joined: Sun Mar 04, 2012 6:20 pm

Post by johnjkjk » Mon Apr 02, 2012 9:27 pm

I'm in the same boat- 2 weeks left on visa and no licence in sight. The problem is compounded by the 'cooling off period' announced recently, according to which, you wouldn't be able to apply for tier 2 from outside the UK, if your most recent ltr was tier 2. There is no such thing as a temporary extension and if you don't qualify for any other visa, you're in trouble.

When did your company apply for their sponsor licence? As long as the paperwork is in order, it can take as little as 4 weeks. If a single document is uncertified or not original, this will delay the process.

khans
Junior Member
Posts: 80
Joined: Fri Jan 27, 2012 2:10 pm

Post by khans » Mon Apr 02, 2012 9:34 pm

johnjkjk wrote:I'm in the same boat- 2 weeks left on visa and no licence in sight. The problem is compounded by the 'cooling off period' announced recently, according to which, you wouldn't be able to apply for tier 2 from outside the UK, if your most recent ltr was tier 2. There is no such thing as a temporary extension and if you don't qualify for any other visa, you're in trouble.

When did your company apply for their sponsor licence? As long as the paperwork is in order, it can take as little as 4 weeks. If a single document is uncertified or not original, this will delay the process.
Tt is a switch from PSW. The company applied for licence in February 20th. They chased UK for the status today and they replied that the applications are piling up and it could take long and as the number of working days in this month are lesser it can go beyond 10th of May that's when the current leave expires.
Does the restriction on applying form outside the country apply to this case as well ? We spoke to a couple of solicitors and they suggested to buy some time the applicant apply for Further Leave to Leave and while it's being considered (which could easily take 4-6 weeks) if the licence arrives the FLR application can be withdrawn and a regular Tier-2 application can be made with a Certificate of Sponsorship.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Mon Apr 02, 2012 9:35 pm

johnjkjk wrote:When did your company apply for their sponsor licence? As long as the paperwork is in order, it can take as little as 4 weeks. If a single document is uncertified or not original, this will delay the process.
If the documents supporting the sponsor licence application are not in order there is also a chance of refusal.

Ask HR to send an email to scoc@ukba.gsi.gov.uk requesting urgent treatment explaining the circumstances.

khans
Junior Member
Posts: 80
Joined: Fri Jan 27, 2012 2:10 pm

Post by khans » Mon Apr 02, 2012 9:42 pm

manci wrote:
johnjkjk wrote:When did your company apply for their sponsor licence? As long as the paperwork is in order, it can take as little as 4 weeks. If a single document is uncertified or not original, this will delay the process.
If the documents supporting the sponsor licence application are not in order there is also a chance of refusal.

Ask HR to send an email to scoc@ukba.gsi.gov.uk requesting urgent treatment explaining the circumstances.
HR already contacted them and they replied due to extensive pile up of application the licence processing time has increased. Had it been a case of documents not being in order they will have contacted the employer accordingly instead of refusing the applications right away. Now we are hoping that the licence comes before the expiry of current application however a plan-b has to be in place in case in doesn't. That what we want to know if there is a procedure in place to buy time while the licence is being application processed.

johnjkjk
Junior Member
Posts: 64
Joined: Sun Mar 04, 2012 6:20 pm

Post by johnjkjk » Mon Apr 02, 2012 9:51 pm

Since you're switching from Psw, you will be able to apply from outside the UK if it comes to that, albeit with a restricted cos (which is subject to monthly cap), so this would be your plan B. Whatever you do, don't overstay illegally as this would affect any future visa applications, especially ilr. As stated, there is no temporary extension available unless you have exceptional circumstances affecting your right to family life, in which case you could apply for a discretionary visa, which is granted outside of immigration rules.

johnjkjk
Junior Member
Posts: 64
Joined: Sun Mar 04, 2012 6:20 pm

Post by johnjkjk » Mon Apr 02, 2012 9:54 pm

Also if you did put in an application under some category to 'buy time', the moment you withdraw this or when it gets rejected, your immigration status will revert to your existing visa. If this has expired at this point, you are classed as an illegal overstayer.

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