Changing sponsorship

[Benmai31]

Hello sir/mam i just wanna inquire regarding my problem i'm in tier 2 visa and i change my sponsorship to a new employer and i've got my new visa. And when i tell my employer that i'm going to resign and he tell me that i need to pay him for my trainings and everthing. But he told me if i'm going to stay until july or august i don't need to pay anything. But my visa is for the new employer and i haven't tell them yet. What should i do? Do i need to pay them for my trainings? Are they going to put me in the court if i don't pay them?

[kevb2014]

It might be a good idea to take a look at your employment contract to see if you're legally binded by this condition 'training cost payback'. If it's not there, then you can't trouble you for not paying.

You can legally work for your current employer until the start date of your latest CoS. If you decide to extend your existing employment beyond this date to whatever date, you'll need to switch back to your first sponsor.

[Frontier Mole]

The employer can not realistically reclaim training costs even if it is in the contract for the following reasons
As a tier 2 visa holder you could not be employed as a suitable candidate if you required training. So if you did require training to do the job your Sponsor will lose their licence for providing false information on the COS.
If you received training as part of your ongoing employment that is not chargeable as it is an employers decision to provide that and in doing so you are not entering into a contract to pay for it.

What training did your employer actually provide?
What industry are you working in?

[Benmai31]

Overseas nursing program or adaptation for nurses. The manager in the care home was my mentor and according to them they helped in training me as a trainee nurse and devoted time to help me finish my adaptation and getting my pin.

Having a tier 2 visa is required for nursing adaptation which they sponsored but i paid the COS that they give it to me.

Thank you

[Frontier Mole]

So in order to employ you he undertook exactly what he was expected to do to meet the requirements of the program.
He cannot reclaim any costs as he agreed to Sponsor you on that basis. He can not lock you into any time frame of service post PIN award. Yup he will be annoyed you have got the PIN and are moving on but he got the benefit of cheap labour during the program period. No doubt he paid you at the Snr Carer rate as they always do. Has he uplifted your pay post PIN?
You are free to move and he is threatening action without any basis.

[Benmai31]

Not even a senior carer's rate. It is lower than that. They raised my rate when i got my pin and i started working as a nurse for them but I was told that because I was a beginner, I will be paid less than the other nurses who started there ahead of me. They are charging me for a £5000 for their help training me to become a nurse in here. Is that justifiable or an extortion?

[Frontier Mole]

It is extortion. Let me guess they will be taking out of your wages....
Best to cease to work there ASAP.
Do you have an employment contract?
If so does it mention anything about training costs. If not they can't recover any costs. End of.

[Benmai31]

Contract mentions that i have to pay trainings the home has paid for me but to come up with an amount of £5000 is just ridiculous. And they want me to stay until a year of my nursing practice in the care home so as not to pay any amount, which i can't beacause i already have a new visa from my new employer.

[Benmai31]

They are talking about not giving me a reference letter needed by the home office from past employers in case i apply for my permanent residency in the future. Is that possible?

[Benmai31]

Hello sir/mam are you still there? Thank you

[manci]

when you apply for ILR a letter is only required from your employer at the time certifying that they still require you for the job in question. The employer you are now parting company with will have no say in whether your application is granted.

If your employment contract stipulates the reimbursement of training costs in case you leave the company before a certain time, but does not specify the amount, suggest you see an employment lawyer. He will first of all look at your employment contract and then, if necessary, negotiate a reasonable sum on your behalf.

[Benmai31]

Thank you so much for the reply.i have 2 questions to ask please..
1.My employer and the matron are threatening not to give me any references.can they do that?
2. my employer said he will make sure that i will not get ILR if ever i apply. Can he do that?

[manci]

Thank you so much for the reply.i have 2 questions to ask please..

1.My employer and the matron are threatening not to give me any references.can they do that?

this depends on the circumstances. Is there any mention of giving a reference on leaving in your employment contract? Is there a company policy on giving references? Do other leavers normally get a reference? If they do and the employer is not prepared to give you one this may amount of unlawful discrimination/victimisation and the employer can be taken to court.

2. my employer said he will make sure that i will not get ILR if ever i apply. Can he do that?

no, rest assured that they cannot.

Don't let yourself be bullied. If your employer is harassing you action can be taken against them. See:
https://www.gov.uk/workplace-bullying-and-harassment

Keep a record of everything they say and do with dates/times and names.

[Benmai31]

It's good to know that. Thanks. Nothing was stated in the contract about giving any references. My matron just told me that she does not know what type of reference she'll give me in the future and that if she is not authorized by the employer to do so, she won't be giving me any. How is that please? Thanks

[manci]

read again my post above

[Benmai31]

1. How about them asking me to pay for trainings at a ridiculous amount of £3,500 when it says in the contract that outside the home's trainings are to be paid if i leave the company less than 2yrs and i do not believe that it reached that amount

2. Is it a protocol to still work for the company for a month(1 month's notice) even if my visa was already switched to another sponsor?)

Thanks ever so much..

[manci]

1. How about them asking me to pay for trainings at a ridiculous amount of £3,500 when it says in the contract that outside the home's trainings are to be paid if i leave the company less than 2yrs and i do not believe that it reached that amount
don't take their word for it, ask them for evidence (bills) to show how much they spent on your training

2. Is it a protocol to still work for the company for a month(1 month's notice) even if my visa was already switched to another sponsor?)
your notice period is a condition of your employment contract but irrespective of this condition you are only allowed to work for your present sponsor until the work start date stated in the new CoS (which is probably not the same as the start date of your new leave).

Thanks ever so much..

[Benmai31]

It said in the contract that i have to give one month notice before i leave the company.if i do not complete the one month work as i am under a new sponsor already, can the previous employer sue me for breach of contract? Thank you..

[manci]

please give all relevant dates (date when you gave notice, CoS start date, date when you finished working for current sponsor, etc)

[sunakshi]

I have been made redundant and i have to serve one month notice period in the mean time I am looking for jobs those provide sponsorship,but I want to know how many days do I have to look for another sponsored job before I have to legally leave the country.

Many Thanks for the help..

[manci]

I have been made redundant and i have to serve one month notice period in the mean time I am looking for jobs those provide sponsorship,but I want to know how many days do I have to look for another sponsored job before I have to legally leave the country.
as an absolute minimum 60 days after you finish working but in practice more. This is because your visa will be curtailed to 60 days but this is from the date UKVI make the curtailment decision, not your termination date
Many Thanks for the help..

[Benmai31]

Notice given on 10/02/15.
Resignation takes effect on march 10, 2015...

New employer called me to say i cannot work with the previous company as it will be a breach of contract with them. Now, the previous employer is witholding the reference letter the present employer has sent because they are not happy that i am leaving and that i have new visa without their knowledge so they are making matters difficult for me.no contract between previous employer and I about staying with them on a period of time.they were just shocked maybe that i have done that.. Questions pls:
1.can they hold the reference and send it whenever they want to?
2. Can i not start working with my present employer without the reference?

Cos start date with new employer was dec. 20 but i did not yet apply for the visa that time.the new employer told me before not to worry about that. Now they are chasing the reference but previous employer does not want to send it to them

[chetan0229]

Hi Sunakshi

It is sad to hear that you have been made redundant.

For experts to provide you with useful info, you should post more accurate information as possible.

1) which category are you current in ??
2) when did you apply this ??
3) till when it is valid
4) did you receive any communication from HO regarding redundancy ??

[manci]

Cos start date with new employer was dec. 20
was this the assignment date of the CoS or the work start date stated in the CoS?
what is the valid from date of your new leave?

but i did not yet apply for the visa that time.the new employer told me before not to worry about that. Now they are chasing the reference but previous employer does not want to send it to them

1.can they hold the reference and send it whenever they want to?
this question has already been answered

2. Can i not start working with my present employer without the reference?
the reference has nothing to do with immigration. Is it a condition of your new employment contract that a reference from your previous employer must be provided?

[sunakshi]

Hello,

I am on Tier 2 General Visa that is valid till 2017 and I got the Visa in 2014

Thanks for the advices.