Q&As

What should I consider if my client wishes to apply under Tier 2 but the sponsor licence is yet to be granted?

read titleRead full title
Produced in partnership with Andrew Tingley
Last updated on 02/12/2013

The following Immigration Q&A produced in partnership with Andrew Tingley provides comprehensive and up to date legal information covering:

  • What should I consider if my client wishes to apply under Tier 2 but the sponsor licence is yet to be granted?
  • Can my client apply for leave to remain under Tier 2 even though a new sponsor’s licence has not yet been granted?
  • Can I ask the Home Office to hold off on making a decision on the leave to remain application until the licence is granted and the Certificate of Sponsorship is issued?
  • My client’s leave to remain is about to expire and they must remain in the UK in order to continue their current employment. Are there any other options?
  • Would it be possible for my client to return to their home country and apply for entry clearance under Tier 2?

What should I consider if my client wishes to apply under Tier 2 but the sponsor licence is yet to be granted?

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 until the licence is granted and the Certificate of Sponsorship is issued?

When the Sponsor Licensing Unit was experiencing delays in processing applications, a provision was put in place to this effect. However, this provision has now been withdrawn. It may be possible to persuade individual caseworkers to exercise

Related documents:
Key definition:
Client definition
What does Client mean?

The person(s) on whose behalf the firm is providing a service.

Popular documents