Tier 2 curtailment and potential Deportation

[Simz82]

Good day,

I am writing on behalf of a close friend who is facing an extremely complicated situation. Some of the complications where brought on by his own misunderstanding of the system and his employers. Below I will describe the situation.

Tier 2 visa obtained 10/08/2016 valid until 10/08/2019. Employment terminated on 30/06/2017. Obtained new employment within 60 days on 15/07/2017. New employer applied for CoS on the same date and had assured him they would process his new Tier 2 application. He then started his new job while the new Tier 2 process was pending, which was his mistake, as I am aware he might have breached Tier 2 immigration rules. The CoS was then subsequently rejected as the new employer had not conducted a resident labour market test.

The issue gets more complicated as he then travelled out of the country on the 14/12/2017 to 31/12/17.The curtailment letter for his first role was drafted on the 7/12/17 but he did not manage to see it.

On his return he faced complications and was refused leave to enter/remain under 320(5) HC395 and he should effectively leave tomorrow 3/1/18

However today his company has filed for Multinational CoS which is not subject to the 28 resident labour market test with the hope of a premium application as well.

What are the chances of success? What options does he have at this point?

Regards

[makky86]

Tier 2 visa obtained 10/08/2016 valid until 10/08/2019. Employment terminated on 30/06/2017. Obtained new employment within 60 days on 15/07/2017. New employer applied for CoS on the same date and had assured him they would process his new Tier 2 application. He then started his new job while the new Tier 2 process was pending, which was his mistake, as I am aware he might have breached Tier 2 immigration rules. The CoS was then subsequently rejected as the new employer had not conducted a resident labour market test.

I cannot believe how such employer manage to even get their license. I am certain the sponsor will face consequences and probably lead to suspention and revocatino.

The issue gets more complicated as he then travelled out of the country on the 14/12/2017 to 31/12/17.The curtailment letter for his first role was drafted on the 7/12/17 but he did not manage to see it.

This was his second mistake. He should not have left at all

On his return he faced complications and was refused leave to enter/remain under 320(5) HC395 and he should effectively leave tomorrow 3/1/18

That was coming anyway !!!

However today his company has filed for Multinational CoS which is not subject to the 28 resident labour market test with the hope of a premium application as well.

I have never heard of Multi national COS !! Also you cannot get premium application in short time !!!!!

What are the chances of success? What options does he have at this point?

Nothing really ! leave the UK as advised. Apply for Tier 2 from home country

[carpa]

Also I've never heard about this Multinational CoS and unless new rules came into place recently the only way to skip the RMLT is through the shortage occupation list or having a salary above the 160k threshold.