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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11614
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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We are a registered charity and a Jewish synagogue who have

Resolved Question:

We are a registered charity and a Jewish synagogue who have applied for sponsorship registration which has been delayed because of pressure of work at the Home Agency. One of our ministers of religion whom we require visa extension expires on Friday 9th October.He is married and lives in London and we wish to have a clear directive what we can do in the circumstances so that we do not have the heruclean and extremely costly task of asking him to leave the country until such times as the Home Agency can review our application. What options do we have?
Submitted: 7 years ago.
Category: UK Immigration Law
Expert:  INC replied 7 years ago.

Hi,

 

Thanks for yoru question.

 

I am afraid that the bad news is that you cannot do much to speed up the process if teh UK Border Agency are short staffed.

 

What you can do is request an administrative review or request a judicial review of any decision they make.

 

As long as an application is pending at the home office, the minister in question will not be deemed illegal in the UK.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Customer: replied 7 years ago.
This advice is pleasing to hear but seems to be contrary to the advice being given by the Home Office that if the visa expires regardless of the status of the application for sponsorship for Tier 2 applicants, the applicant has to leave by the due date and wait for certification outside the country. As you can imagine this is extremely inconvenient, very costly and quite unfair.
Expert:  INC replied 7 years ago.

Hi,

 

If the person in question already has a Tier 2 (Minister of religion) Visa, they can apply for an extension and will not be required to leave the UK whilst their application is being processed.

 

Click on the following link for further details:

 

http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/ministersofreligion/applying/extending/

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Customer: replied 7 years ago.
Thank you for your reply but it seems a non starter as the application form clearly states


To apply to extend your permission to stay, you must have a certificate of sponsorship from your sponsor to cover the time you want to stay for in the job.

However this is the problem as the sponsor application has still to be processed by the Hoime Agency and no certificate is available.

Fuirthermore if certificate is eventually givem does this mean that this application with the £460 fee has still to be paid by the Minister of Religion? It is all quite confusing and frustrating.
Expert:  INC replied 7 years ago.

Hi,

 

I do apologise, I may have mis-interpreted the information provided.

 

If you are unable to obtain a Unique Reference Number in Order to Sponsor the Minister, you are correct in stating that the application is a non-starter,.

 

The only tyhing you can do is contact the office of yoru local MP and request that they become involved on your behalf. They should write to the Home Office asking them to expedite the matter.

 

Until such time as a Unique number is XXXXX there is little you can do.

 

Kind regards,

Customer: replied 7 years ago.
We have a Sponsor application reference number beginning with SPL.

Is this what you are referring to?
Expert:  INC replied 7 years ago.

Hi,

 

A Sponsor Application refernce is not the same as a Certificate of Sponsorship.

 

A certificate of sponsorship is not an actual certificate or paper document like a work permit. It is a unique reference number that you issue to the migrant to enable them to apply for permission to enter if outside the United Kingdom (known as 'entry clearance'), or permission to stay if inside the United Kingdom (known as 'leave to remain').

 

 

INC and 3 other UK Immigration Law Specialists are ready to help you

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