If you’re in the country on a Tier 2 Visa, you may be wondering what to do in the event of a Sponsor Licence revocation. Migrant employees whose sponsors have had their Tier 2 Licence revoked will be subject to a curtailment of leave on their Tier 2 Visa. If this is the case, you will no longer be able to work for the company.
If you are issued a Tier 2 curtailment, you will need to find a new sponsor for your visa. Finding a new sponsor will mean making a new Tier 2 application. If you cannot do this within 60 days (or until the end of your visa, whichever is first), you will have to leave the country.
How can IAS help?
If your UK sponsor has had their Sponsor Licence revoked, it is important to act quickly and accurately to secure your status in the country. IAS offers support for every aspect of applying for a Work Permit to stay in the UK. Contact us today on 0333 363 8577 or using our online enquiry form for more information on your options or to start your new application for a Tier 2 Visa.
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If you are issued a curtailment of leave on a Tier 2 Visa your permission to be in the country is no longer valid. Companies whose Sponsor Licences are revoked are no longer able to employ workers on a Tier 2 Visa and so cannot continue to sponsor your visa.
From the time you are issued your Tier 2 curtailment, there is a 60-day period to make a new visa application. It is highly recommended that you seek professional legal help to ensure that your stay in the UK is regularised in the fastest time possible.
You must not continue to work during this period and it is advised that you do not leave the country until your permission is regularised again. Because your leave has been curtailed, you no longer have permission to enter so you may not be able to get back in if you leave the UK.
If your employer has had their Sponsor Licence revoked, you will need to find a new employer to sponsor you to stay in the UK. Your new employer will also have to be on the UK register of Sponsors and able to provide you with a new Certificate of Sponsorship (CoS). Once you have received this, you will be able to apply for a new Tier 2 Visa and continue working and living in the UK.
The Tier 2 Visa is one of the most difficult to apply for and you will only have a short time period to do it correctly. Seeking legal advice is essential to getting your application complete and submitted in good time. This will give you peace of mind in such a time of heightened stress.
If you continue to work for your previous employer after a Sponsor Licence revocation, you will be considered an illegal worker. This could have serious consequences for both you and your employer. The company could face heavy fines or even closure and you could be issued an order for deportation.
In order to stay in the UK, you will need to make a fresh Tier 2 application. Tier 2 applications must be sponsored by a licences UK sponsor, meaning you will need a job offer from a company with a Sponsor Licence.
It may be more convenient within the 60-day time frame to receive a job offer from a company which already holds a Sponsor Licence. However, a company may also be able to apply for a Sponsor Licence before offering you a job if this is not possible.
IAS can assist any company applying for a Sponsor Licence, which could greatly increase your chances of staying.
Having a Tier 2 Sponsor Licence revoked often follows a Sponsor Licence suspension. If your employer has been deemed by the Home Office not to have been carrying out their duties, they will have their Sponsor Licence suspended. The Home Office will then visit again and if sufficient changes have not been made, the Home Office will most likely revoke the licence.
Reasons a Sponsor Licence was revoked include:
- Incorrect employee records;
- Failure to carry out the Resident Labour Market Test;
- A discrepancy in the CoS, possibly job duties or salary;
- Failure to inform the Home Office of significant changes to the business.
If you have dependents on your Tier 2 Visa, your sponsor having their sponsor licence revoked will also affect their right to remain. Your dependents will have to reapply with you once you have found a new sponsor.
This application can be submitted in-country, so they will not have to leave as long as they are granted their new visa within the outlined time limit.
At IAS, we understand that your employer having their Tier 2 Licence revoked can be a difficult and uncertain time. Our lawyers are fully equipped to take care of every aspect of your application. With IAS, you can be sure that your application will be completed thoroughly and professionally.
Our services include:
- Assessing you and your new sponsor’s eligibility for your application;
- Facilitating the issuing of your CoS from your sponsor;
- Completing all application forms in full and to a professional standard;
- Checking documents and filing them into a portfolio;
- Liaising with the Home Office during your application.
To speak with an experienced immigration lawyer in the UK about your situation, call us on 0333 363 8577 or make an enquiry online.