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Immigration Warrior
Immigration Warrior, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 813
Experience:  Immigration Consultant/Supervisor at Chatham Chambers solicitors
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I have recently known that home office has suspended my

Customer Question

Hi;
I have recently known that home office has suspended my company sponsorship, and I have sponsored visa until 10th feb 2020, company have made an appeal and waiting for the result from Home office . I have a query that during this waiting if I find a new sponsor can I switch to other company? If I switch will there is any chance for me to not get visa as I am switching from company which has been in suspension ? Will the switch of sponsor effect me anyway?
Please answer these questions as I am in short of time I am looking for a new sponsor so if I get this answer from you I will be more assured.
Thanks
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Lawyer21 replied 6 months ago.

Hi How can I help?

Expert:  Lawyer21 replied 6 months ago.

Yes you can

Expert:  Lawyer21 replied 6 months ago.

This would be change of employment. You should wait for 60 day letter - outcome of the company appeal. If it fails find a new employer and will need Certificate of Sponsorship and the company must have Tier 2 licence

Expert:  Lawyer21 replied 6 months ago.

You should check if they have been removed from the Sponsorship List - it is updated regularly on the Home Office website.

Customer: replied 6 months ago.
you would suggest me to wait until my company gets some point of results then proceed for new company?
Expert:  Lawyer21 replied 6 months ago.

Yes as they may get reinstated. When did they get licence revoked?

Customer: replied 6 months ago.
they have been removed from the sponsorship list from home office website; company is no longer listing on the website
Expert:  Lawyer21 replied 6 months ago.

I see - you should contact the Home Office and obtain 60 days letter so this will allow you to find new company. You can start to look immediately

Expert:  Lawyer21 replied 6 months ago.

Thank you and good luck

Expert:  Lawyer21 replied 6 months ago.

I would be grateful if you could give me a positive rating by clicking on the above and press submit - thank you

Customer: replied 6 months ago.
I have been informed by my HR and director that the license has been suspended but when I go back to the sponsorship listing and see they have removed the company from the home office listing
Expert:  Lawyer21 replied 6 months ago.

When a licence is cancelled it is not easy to be put back on the list.

Customer: replied 6 months ago.
They have provided all the supporting documents and appealed to the home office still waiting for the discussion
Expert:  Lawyer21 replied 6 months ago.

You also check with Home Office and ask your employer to contact their employer's helpline - so you are constantly kept up to date.

Customer: replied 6 months ago.
Even if we are waiting for the decision can I still look for the new sponsor? If yes can I switch straight away ? Or wait until my visa expires?
Expert:  Lawyer21 replied 6 months ago.

Yes you can - this will take time and your new employers would also check to make sure that it can. You cannot just switch - this is called change of employment and need to submit application to Home Office

Customer: replied 6 months ago.
I am waiting for a response from one of the company I have applied for so that’s the reason I’m asking this , if I listen anything from the new sponsor and they are happy to sponsor me can I switch straight away or wait ?
Expert:  Lawyer21 replied 6 months ago.

You can - but need to make sure previous employer is suspended entirely.

Customer: replied 6 months ago.
will this change of employment effect anything or any circumstances for me to get visa ?
Expert:  Lawyer21 replied 6 months ago.

You are changing employers only if they don't have licence. It must be done properly - you cannot have two employers!

Expert:  Lawyer21 replied 6 months ago.

Thank you

Customer: replied 6 months ago.
Concerning to my question Could I please request you to send me a one full email of the process on how to proceed and when is it good time to proceed with the new sponsor
Expert:  Lawyer21 replied 6 months ago.

Kindly let me know thank you

Customer: replied 6 months ago.
I understood that I can not have two employer’s if they completely suspend the license; my main doubt is that if at all i happened to go with new sponsor that is change of employment will it effect me getting the visa I mean will there be any issues in getting the visa granted?
Expert:  Lawyer21 replied 6 months ago.

You can also take a look at Tier 2 guidance which will also assist you here. No because you have done change of employment - you should ask for home office to get the 60 day letter.

Expert:  Lawyer21 replied 6 months ago.

Thank you and enjoy rest of your evening

Customer: replied 6 months ago.
Could you please send me a complete msg of my questions because they were bit of confusing to me
Expert:  Lawyer21 replied 6 months ago.

You need to pay extra fee sorry

Expert:  Lawyer21 replied 6 months ago.

I have already gone beyond my scope.

Customer: replied 6 months ago.
How much is the extra fee because I have paid for full detailed answers
Expert:  Immigration Warrior replied 6 months ago.

Hi

Further to your question, I would like to confirm that you can switch to a new Tier 2 Employer and it will not affect your visa and the chances of you being granted a Tier 2 visa in the future. I would suggest that you apply as soon as you have been issued with a COS (certificate of sponsorship).

Please refer to page 106 of the enclosed guidance.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/846380/tier-2-v34.0ext.pdf

I hope this answers your question or if you would like any further clarifications, I am here to assist.

Kind Regards