What to do if the work permit is suspended after changing to employer's license 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 still be approved to sponsor the worker's visa 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 suspension, 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 already suspended at the time of submission, as well as cases where the suspension occurs after the submission. For those who have already submitted their application, 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, the corresponding documents can be provided, and it is easier to verify whether subsequent notices have changed the original status, instead of relying only on oral statements.

My judgment is that it's not worth withdrawing a permanent residency application that meets all other conditions just because of a suspended 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 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 they provide the relevant formal notice, retain it and verify whether it belongs to your sponsoring 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The list does not have names, and it cannot be determined solely based on this that the license has been revoked.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 involves a step that can be omitted: Section 22 of the Work Visa Case Processing Guide 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 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 suspended situation.

SW 24.1 places the verification date on the decision day, so even if the revocation occurs after the permanent residency application is submitted, it will affect the 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. 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 the employer. What specific application to use still depends on the current permit, the status of the pending application, and the new guarantor conditions.

Once confirmed to be revoked, 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 notice, 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.

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

When a request for additional documents is received, a response should still be provided as per the notice. According to section 29.4 of the Work Permit Case Processing Guide, the requested information or explanations that cannot be provided should generally be submitted within 10 working days after the notice is issued. If key documents are kept by the employer and temporarily unavailable, an explanation of the efforts made to obtain them and the reason for their absence can be provided. Whether additional time is granted depends on the case officer's assessment of the explanation; it cannot be assumed that an extension has been granted automatically. It will be easier to verify the response if the materials that can be provided and those still being awaited are clearly distinguished.

For those waiting, once they receive formal confirmation of "pause" or "revocation," they can narrow down the next steps to specific actionable tasks.

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[数据来源] Home Office现行《移民规则》工签附录SW 24.1至24.2；担保方指引第三部分C9、C10；工签审案指引第22及29节。

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