What are my options if company shutting down during ILR process?

Hi,

I have applied and paid for my ILR application on 5 year route and now waiting for biometric appointment. If for any reason my tier 2 sponsor company goes bust due to COVID what are my options?

1. Will my ILR process continue?
2. Will I be able to seek another employment?
3. Will I need to look for another tier 2 sponsor to work until ILR application is complete?

Any help appreciated.

Thanks.

Jack

1. No, it will likely be refused.

2. You will have to.

3. You would need to find a sponsor and apply for another visa first and then reapply for ilr in the future.

CR001 wrote: ↑

Sat Jan 02, 2021 8:40 am

1. No, it will likely be refused.

2. You will have to.

3. You would need to find a sponsor and apply for another visa first and then reapply for ilr in the future.

If it is refused will they refund the amount I paid for? Can I appeal the decision as it is unfair that an employee has to suffer due to COVID? Plus I have a family here who applied with me.

There must be options.

Thanks.

There are no appeal rights for tier 2 general route applications.

For ilr, you are required to be in employment for the foreseeable future with your tier 2 sponsor.

If the application is refused, there is no refund of the fee

jackjohnson wrote: ↑

Tue Jan 05, 2021 4:35 pm

Can I appeal the decision as it is unfair that an employee has to suffer due to COVID?

You are probably viewing the situation through the wrong lens. The reason that you can be issued an ILR under Tier 2 General is because the company that hired you has need of you for the foreseeable future. Merely residing in the UK for five years under Tier 2 General is not enough. It is the company's need of you in the future that leads to ILR.

Now, by definition, if the company ceases to exist, it ceases to have a need of you for the foreseeable future. Therefore, no ILR.

Given that the basis of the ILR is the company's need in the foreseeable future, I can't imagine there being appeal rights in such a case.

jackjohnson wrote: ↑

Tue Jan 05, 2021 4:35 pm

If it is refused will they refund the amount I paid for?

No, there won't be a refund of fees if the application is decided (even if it is decided in the negative).

jackjohnson wrote: ↑

Tue Jan 05, 2021 4:35 pm

There must be options.

There are. Find another company to work for in the UK or find another country to emigrate to or return to your country of origin. They may not be the choices you want to exercise, but the choices exist.