I want to say no to COS before applying for Visa

[shide44]

Hi All,

This wont be a popular opinion but it has sound logic.

Long story short, the company i am with offered me sponsorship (was on tier 5 visa at the time) to come on board in Sept 2017. After beginning the process in May, i finally got assigned cos in August (a few days before my tier 5 expires and I have to leave the country). Initially, I wanted to stay in London but towards the end, I didn't mind if I stayed or went. Now that the CoS is approved, i have flights booked home to process the visa but just had the daunting realisation that this is a shit job. I have had soo much capacity over the last 7 months and my company hasnt done anything to address this. I also have no real idea about what they want me to do over the next 3 years. They have essentially just offered me the sponorship without any plan on what I will be doing and the company has been going backwards for months with people leaving and not been replaced. I fear i could be stuck in the same position for 3 years as I am basically signing a 3 year contract to be tied to them. My desire to stay was originally clouding my judgment but now i see this as going backwards career wise with no upwards growth. I also can't just apply for other roles because its so hard to switch companies and If I decide to leave i have to pay back all the fees.

In short, I want to understand what my legal obligation is here. My visa hasn't been processed and I have to sign a new contract with them when I return so I feel like that will be the binding contract to make the whole thing stick. Can I just tell them, thanks for the offer but I think i will just head home unless you can assure me what i will be doing and where you see me progressing to in the next 12 months. I'm I officially tied to them because the COS has been approved?

Any help will be appreciated.

[thisB]

Did you sign any documents before the COS process?

[shide44]

I signed the paperwork initially to say that I agree to pay back fees if I was sponsored which was if I got sponsored.

I haven't yet signed the contract to begin employment with them when i return to the country. They are also giving me a short term contract to work from Australia as a bridging visa which i need to return but just wondering if i should use this as the opportunity to bring this up with them. to compound things, today is my last day at work before flying home mid-next week.

[thisB]

I signed the paperwork initially to say that I agree to pay back fees if I was sponsored which was if I got sponsored.

I would say you would probably owe them money for this but other than that I don't see that you have a legal obligation to stay with them if you don't want to. Would probably make more sense to talk to them first and set out a plan before giving up?

[UKLL]

You don't have any legal obligation here I don't think so. Otherwise all people on a permanent contract won't be able to change their jobs. I think even if it's a shit job you can still apply for your visa and enter the UK on a tier 2 and work for this company first and then maybe get another job afterwards. Remember it is much easier to change employment / apply for another Tier 2 from INSIDE the UK on a tier 2 as there is no restriction on CoS!