Andrew Tingley

Can my client apply for leave to remain under Tier 2 even though a new sponsor’s licence has not yet been granted?If an application is lodged under the Immigration Rules pertaining to Tier 2 and a decision is made without your client being in possession of a Certificate of Sponsorship (CoS), you will need to advise your client that it will fall for refusal.If the client’s leave is due to expire shortly and they have been offered a job which will qualify under Tier 2 by an employer that needs to obtain a sponsor licence, it is important to make a request to the Sponsor Licensing Unit for the licence application to be expedited. You should ask for the application to be decided by, or in advance of, the date that the individual’s leave is due to expire.Can I ask the Home Office to hold off on making a decision on the leave to remain application

Bulgaria and Romania acceded to the EU on 1 January 2007, and by extension the European Economic Area (EEA). From that date, nationals of these two countries (known as ‘A2’ nationals) have not required leave to enter or remain in the UK under the Immigration Act 1971.Instead, as with all EEA nationals, A2 nationals:•can travel freely to the UK•will have a right of residence for an initial 3 months•will have an extended right of residence beyond that time if they are exercising treaty rights as a student, a self-employed person or if they are self sufficientSee Practice Note: EEA nationals: rights of entry and residence [Archived].However, the Treaty of Accession allowed EU member states to restrict access to their labour markets for A2 nationals for a period of up to 7 years (the accession period). During the accession period, the UK has required A2 nationals

What is a caution?There are two main types of caution which your client may have accepted as an adult in the UK:•simple—where an individual admits an offence•conditional—where an individual admits an offence and agrees to certain restrictions and/or rules as part of the cautionAs a youth (aged 10–17), they may have accepted the following:•youth caution•youth conditional caution•simple cautionA youth may also previously have accepted a reprimand or warning under the Final Warning Scheme. These are not cautions, however, they can be taken into account by the Home Office when considering whether to refuse an application.A caution is not a criminal conviction. However, when a person accepts a caution, they have admitted guilt to an offence. It becomes part of their criminal record and is retained for future use. This record will be available to the Home Office when your client makes an application for entry