How to handle the suspension of the employer's license when changing from a work permit to ILR?

Home OfficeThe current "Immigration Rules" Appendix Skilled Worker, SW 24.1 states: "on the date of decision" (the date the decision is made). When applying for permanent residency through a skilled worker visa, the employer corresponding to the most recent permit must be approved to sponsor the worker on the date of 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 third part of the sponsor's guidelines, C9.20 and C10.14, state: 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 application, a practical approach is to ask the employer to provide a written confirmation of the notice date, current status, and the person responsible for follow-up, and to keep updates related to their application. This way, when additional documents or inquiry letters are received, the 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 conditions just because of the suspension of the license.

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 in the public list will be removed; C10.2 stipulates 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 the relevant formal notice, retain it and verify whether it belongs to your sponsor entity.

The list does not have names, and it cannot be determined solely based on this that the license has been revoked.

Preparing the documents also has an action that can be omitted: Section 22 of the Work Visa Case Guidance clearly states that a permanent residency application does not require an additional CoS (surety bond); Section 22.4 allows using letters or emails 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 certificate to check whether the content is complete and whether the issuer is able to respond to verification. This eliminates the need for the new CoS document, but the employer's sponsorship qualifications and necessary confirmations must still comply with the rules.

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 date on the decision date, so even if a revocation occurs after the permanent residency application is submitted, it may affect eligibility. Guarantor guidance C10.15 also clearly states that for individuals with pending applications, if the application basis is not changed before the decision is made, the application will be rejected; examples given include 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 switching 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 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. The change 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.

雇主的牌照程序与个人申请有各自的通知，需要分别跟进。

收到补件要求时，仍需按通知回应。工签审案指引第29.4节规定，要求补充的信息或无法提供的解释，通常应在通知发出后10个工作日内提交。如果关键文件由雇主保管、暂时拿不到，可以说明索取经过及缺失原因。是否给予更多时间，要由审案人评估解释，不能自行视为已经延期。把能够提供的材料和仍在等待的材料分清楚，答复也会更容易核对。

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。

This document is for reference only. For specific issues, please consult a licensed attorney.

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

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