Urgent Please: Awaiting Biometric Card & Sponsor problem

[ksadoc]

Hi all

I had applied for Tier 2 G change of employment on 20 march, previous work permit expired on 3 May 2012.did Biometric on 23 April. Still awaiting Biometric card/passport.
Called HO and they said after Biometrics, it takes 4-14 weeks beofre one gets there card and Passport.

Now my NHS employer is has been mailing me when i would receive Biometric card. i emailed her a number of times that things are slow at HO these few months.
Today she emailed me this:-

""Hi

The department is finding it difficult in running a service as the post you have accepted has been vacant for some time now.

They have asked me to contact you regarding a deadline of a start date of 6 June

If you are not able to start on that day then they are wanting to withdraw the offer.""

Now keeping in mind my new NHS sponsor knew i was jobless when i took this post in Feb 2012 and since then have been paying rent, etc etc and paid for Visa + dependent myself. and all this delay is from Home Office.

what can i do because i did biometrics on 23 April and , HO said 4-14weeks. My sponsor says to join on 6 June!

whats the best i can do to be polite and if they say no, is there any legal action i can take.

thanks

[manci]

This is from the Tier 2 policy guidance:

194. It is recommended that you do not commence employment until you have received your biometric residence permit (BRP). However, on the basis of your approval letter, if you and your sponsor agree to commence the employment before you have your BRP both you and your sponsor carry the risk of having no statutory excuse against a civil penalty if the BRP card is incorrect or withdrawn by us.

[ksadoc]

This is from the Tier 2 policy guidance:

194. It is recommended that you do not commence employment until you have received your biometric residence permit (BRP). However, on the basis of your approval letter, if you and your sponsor agree to commence the employment before you have your BRP both you and your sponsor carry the risk of having no statutory excuse against a civil penalty if the BRP card is incorrect or withdrawn by us.

Thank you so much. But previously my sponsored refused and asked me to start work only after receiving Biometric card.

[manci]

I'm afraid that is their privilege.

[GB09]

If you have the approval letter, tell your employer about the Tier 2 Policy mentioned above. Hopefully they will understand. Because no one wants to go through the same process again and wait for another 6 months / year to find the right people and wait another 6 months or more get visa for that person. I hope they would give you one more month or more time to get you BRP and passport back from UKBA.