What to do if the work permit transfer to ILR employer license is suspended?

Home OfficeThe current "Immigration Rules" Appendix Skilled Worker, paragraph SW 24.1 states: "on the date of decision" (the day the decision is made). When applying for permanent residency from a skilled worker visa, the employer corresponding to the most recent permit must be approved to sponsor the worker on the day of the decision.

The license is valid on the day of submission, but this does not guarantee that the condition will remain satisfied until approval.

License suspended, ILR is usually put on hold.

If the employer receives a suspension notice, the guidance of the sponsor section part III C9.20 and C10.14 states: unless there is another reason for rejection, the permanent residency decision will be made after the suspension matter is resolved. This arrangement covers cases where the license was suspended at the time of submission, as well as cases where the suspension occurs after submission. For those who have already submitted their applications, it is practical to ask the employer to confirm in writing the notice date, current status, and the person responsible for following up, and to keep updates related to their application. This way, when additional documents or inquiry letters are received, corresponding documents can be provided, and it is easier to verify whether subsequent notices have changed the original status, without relying solely on verbal explanations.

My judgment is that it's not worth withdrawing a permanent residency application that otherwise meets all the conditions just because of a license suspension.

When checking the public guarantee list, there is a detail that is easy to miss: C9.3 stipulates that during the suspension period, the employer's entry on the public list will be removed; C10.2 states that revoking the license will also remove the entry. Therefore, if the company name cannot be found, it can only prompt the need for further verification. You can request the employer to provide written confirmation regarding the license status. When providing formal notification related parts, keep them and verify whether they belong to your sponsor entity.

The name is not on the list, but this alone cannot be used to determine that the license has been revoked.

Preparing the documents also involves a step that can be omitted: Section 22 of the Work Visa Case Processing Guidelines clearly states that a permanent residency application does not require an additional CoS (surety bond); Section 22.4 allows using letters or e-mails that can be verified with the employer to confirm the matters required by SW 24.2. You can ask the person responsible for issuing the document to check whether the content is complete and whether the issuer can respond to verification. This eliminates the need for the new CoS document, but the employer's sponsorship qualifications and necessary confirmation must still comply with the regulations.

Has been revoked, need to handle before the decision.

If the formal status is already revoked, the original guarantee basis needs to be re-evaluated and cannot continue to wait as in the case of suspension.

SW 24.1 places the verification time on the decision date, so even if the revocation occurs after the permanent residency application is submitted, it will affect eligibility. Guarantor guidance C10.15 also clearly states that for those with pending applications, if the application basis is not changed before the decision is made, the application will be rejected; the guidance gives examples such as changing to another guarantor for employment. This indicates a processing path that needs timely assessment, but there is no guarantee that the original permanent residency application can be directly approved by changing employers. The specific application to use still depends on the current permit, the status of the pending application, and the new guarantor conditions.

Once the cancellation is confirmed, I will prioritize assessing the application for changes, and will not just wait for the employer to handle the license.

Materials to be reviewed by the lawyer can be placed in the same file: Permanent Residency Submission Confirmation, existing permit records, license status notification, and actual progress of the new position or new sponsor. The specific judgment needed is whether it is possible to legally change to a qualified application before the decision. Changes may mean applying for a limited stay; a letter of employment from the new employer cannot replace the corresponding application conditions, nor can it guarantee that the permanent residency will still be obtained according to the original plan.

The licensing procedures for employers and individual applicants have separate notifications, which need to be followed up separately.

When a request for additional documents is received, it is still necessary to respond according to the notice. According to section 29.4 of the Work Permit Case Processing Guide, the requested information or explanations that cannot be provided should usually be submitted within 10 working days after the notice is issued. If key documents are kept by the employer and temporarily unavailable, the process of requesting them and the reason for their absence can be explained. Whether more time is granted depends on the case officer's assessment of the explanation; it cannot be considered automatically extended. It will be easier to verify the response if the materials that can be provided and those still being awaited are clearly distinguished.

对等待中的人，先拿到“暂停”或“撤销”的正式确认，就能把下一步缩小到具体可办的事情。

本文仅供参考，具体问题请咨询持牌律师

[Data Source] Current Immigration Rules, Appendix SW 24.1 to 24.2; Sponsor Guidance Part III C9, C10; Work Permit Case Handling Guidance Sections 22 and 29.

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