We recently took over a case in which our client and his dependent spouse were refused leave to remain in the United Kingdom as a Tier 2 (General) migrant and a relevant PBS Dependant.
Our client had previously been in the UK as a Work Permit holder. Because of the introduction of the Points based system and Sponsorship licenses, our client's employer were not aware until our client's leave to remain was due to expire, that they would need a license in order to continue employing him.
Unfortunately, this was all too late for our client whose leave to remain was due to expire. He therefore submitted his application and asked that consideration of his application be held pending the sponsor's license being issued. Many months later, our client's application was finally refused. He was given a right of appeal against the decision to remove him and his dependent spouse from the United Kingdom.
Two weeks later, the sponsor's license was granted and his Certificate of Sponsorship was assigned.
We appealed against the decision on behalf of our clients citing Human Rights grounds. Our client and his spouse were close to completing 10 years lawful residence. At the hearing, we altered the grounds of appeal to include consideration under the Immigration rules as well as Article 8 ECHR considerations.
At the hearing, the judge remitted our clients applications to the UKBA for further consideration. Two months after the hearing, we received no communication from the UKBA. Since our clients leave to remain continued by virtue of 3C leave, we then made an application to vary the Tier 2 application as they had then qualified for Indefinite Leave to Remain as work permit holders. We recently received confirmation that our clients applications would now be considered.