UK Skilled Worker Visa in Crisis? Your Guide to Navigating Sponsor Licence Revocation

The news that your Skilled Worker visa sponsor's licence has been revoked can be incredibly stressful, leaving you feeling uncertain about your future in the UK. At Visa Solutions - UK Immigration Lawyers, we frequently assist individuals facing this challenging situation. This blog post aims to provide clear, actionable information to help you understand your options and navigate this complex period.

Understanding Your Situation: The 60-Day Deadline

If your sponsor's licence is revoked, the Home Office will typically curtail your leave, meaning your Skilled Worker visa will be cut short. You are usually given 60 days (or the remainder of your visa if it's less than 60 days) to either:

1. Find a new licensed sponsor and apply for a new Skilled Worker visa.

2. Switch to another eligible visa route.

3. Leave the UK.

Failing to take action within this deadline can lead to you becoming an overstayer, which has severe negative consequences for future immigration applications.

Your Most Direct Path: Securing New Skilled Worker Sponsorship

Your primary goal should be to secure a new Certificate of Sponsorship (CoS) from a different, licensed sponsor and submit a new Skilled Worker visa application before your current visa expires.

• Why this is crucial: If you submit an "in-time" application, you will benefit from Section 3C leave. This means your lawful status in the UK continues while your new application is being processed, even if the processing time extends beyond your original visa expiry date. This is vital to avoid becoming an overstayer.

• Don't rely on your old employer: While your previous employer might be reapplying for a sponsor licence, this process is uncertain in terms of approval and timeframe, especially after a revocation. It's generally not advisable to rely on this outcome for your immediate immigration status.

Considering Further Leave to Remain (FLR) to "Buy Time"?

It's natural to look for ways to gain more time, but applying for a general Further Leave to Remain (FLR) category (like FLR(M) for partner or FLR(FP) for private life) solely to buy time is generally not recommended, unless you genuinely meet the specific eligibility criteria for those routes.

• Low chances of approval: FLR categories have strict requirements (e.g., based on a genuine relationship with a British or settled partner, significant private life in the UK). If you don't meet these, your application will likely be refused.

• Potential negative impact: A refusal on an FLR application can complicate your immigration history and potentially make future applications more challenging, even if you later secure a Skilled Worker CoS. The Home Office expects genuine applications for the route chosen.

• Costs and processing times: FLR applications incur significant fees, including the application fee and the Immigration Health Surcharge (IHS). Processing times can vary, sometimes taking months, and there's no guarantee of a swift decision without priority service (which comes at an extra cost).

Choosing Your Skilled Worker Visa Duration: 3+2 Years vs. Straight 5-Years

If you find a new employer ready to offer you a CoS, you might wonder about the visa length. From an immigration perspective, a straight 5-year Skilled Worker visa is generally more advantageous if your long-term goal is to settle in the UK through Indefinite Leave to Remain (ILR).

• Path to ILR: The Skilled Worker route leads to ILR after 5 years of continuous lawful residence. A 5-year visa means fewer applications, fewer associated fees (application fees, IHS), and less administrative burden over that period compared to applying for a 3-year visa and then extending for another 2 years.

Passport and Biometrics: What to Expect

For in-country visa applications (like switching or extending your visa in the UK), the Home Office typically does not retain your physical passport after your biometric appointment at a UKVCAS service point. You usually get it back immediately. This allows you to use your passport for travel or identification while your application is processed. However, the Home Office reserves the right to retain documents in specific, unusual circumstances. If you use the 'UK Immigration ID Check' app, you won't need to attend an in-person appointment or submit your passport at all.

Key Takeaways for Your Situation:

• Time is of the essence: Your 60-day deadline (or shorter if applicable) is critical. Prioritise finding new sponsorship.

• Focus on a new Skilled Worker visa: This is the most straightforward and secure route forward.

• Avoid frivolous FLR applications: Only apply for FLR if you genuinely meet the specific criteria of that route.

• Aim for a 5-year visa: If offered, it simplifies your path to settlement.

Navigating visa curtailment can be complex. We are UK Immigration Lawyers here to help.

General Information Notice: Please note that the content provided here is for informational purposes only and is not a substitute for legal immigration advice. We are not responsible for any actions taken based on this free information.

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