Tier 2 change of employment-Urgent

[rajuria]

Hi all

My wife is a doctor. She got sponsored by a hospital in July 2012 and was issued a Sponsorship letter. Previously we were on Tier 1 Post Study. Hence after getting Tier 2 Sponsorship, we went to our home country & got Tier 2 entry clearance. However when we came back to UK, my wife's employer changed his mind. Now they are saying we can not sponsor you & they have even advertised the post again without even stating any reason or consulting us on any matter. Can somebody answer the following:-

1-Do we the right to pursue a legal case against my employer. Because if they withdraw the visa, we would not be deemed to have legal permission to stay in the country.
2-She has applied for other jobs. She has been selected by another employer. The new employer is ready to assign her a new sponsorship letter.
3-When should the old employer withdraw Cos. When is the new employer eligible to give new CoS.
4-I believe the employer has to also do RLMT again. Is it correct?

How long it is advised to wait before she tells her old employer to cancel the visa. Any rough idea because we also want to keep apply for other jobs and see if anything better comes up.

Thanks in advance

Raj

[manci]

From your earlier post your wife's previous stay in the UK was not as a Tier1 PSW migrant but as a PBS dependant. That is why she had to return to her home country to apply for her T2G entry clearance.

By "sponsorship letter" you presuimably mean a Certificate of Sponsorship.

By assigning the CoS to your wife the hospital has in fact sponsored her. They have a duty to inform UKBA within 10 working days if they then stop sponsoring her. See the T2 sponsor guidance, para 555 onwards:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Once the hospital informed UKBA that they stopped the sponsorship your wife's visa will be curtailed by UKBA to 60 days from the date they take their decision to curtail. In practice this means 3 months or longer from the time the hospital informs UKBA of stopping to sponsor your wife. There is no need for her to do anything about this, the onus is on the hospital. Your wife will eventually get a letter from UKBA and can continue to stay in the UK legally until the curtailment date which will be stated in the letter.

If your wife finds another job the new sponsor can issue a CoS immediately subject to having an available allocation for an unrestricted CoS and doing a RLMT if necessary (see below). Her pay should be at least the minimum prescribed by the codes of practice. Once she has the new CoS she can apply for leave to remain but cannot start work until she gets the approval letter from UKBA.

You should check if the job your wife is applying for is in the shortage occupations list (some medical jobs are). If it is, the employer doesn't have to carry out a RLMT, otherwise they do.
http://www.ukba.homeoffice.gov.uk/sitec ... tnov11.pdf

[rajuria]

Thanks manci for your response. I would like to know a bit more about the following:-

1- We were on Tier 1 PSW meant I was the main applicant & she was dependent applicant.
2-We are thinking about legal options about the old employer. Presently it is a very stressing time for us as we feel that she has been cheated by the old employer.
3-Can you please advise if it would be advisable to file a legal case against the new employer. I mean in the application form, everything is clear when we submit the application form about immigration history. Why select someone in the first place if you are going to deceive them.

My wife' s new employer initially selected her, but new they are refusing to give the sponsorship letter. How do we go about solving this now?

Thanks

Raj

[rajuria]

If you think that pursing legal option is a good option, can you recommend any solicitors around Hounslow area who deals with these sort of issues. If you are aware of any

Regards

Raj

[manci]

Thanks manci for your response. I would like to know a bit more about the following:-

1- We were on Tier 1 PSW meant I was the main applicant & she was dependent applicant.

2-We are thinking about legal options about the old employer. Presently it is a very stressing time for us as we feel that she has been cheated by the old employer. If your wife is thinking of claiming financial compensation from the sponsor hospital write to them first setting out and quantifying the claim, perhaps they will be amenable. This is not an immigration matter and in in case of a negative response, and if you want to pursue it further, seek advice from a Citizens Advice Bureau or a solicitor.

3-Can you please advise if it would be advisable to file a legal case against the new employer. I mean in the application form, everything is clear when we submit the application form about immigration history. Why select someone in the first place if you are going to deceive them.

My wife' s new employer initially selected her, but new they are refusing to give the sponsorship letter. How do we go about solving this now? Keep searching for an employer who is prepared to sponsor her.
Thanks

Raj

[geriatrix]

CoS (immigration law) has nothing to do with contract of employment (labour law). Assigning a CoS does not make the terms and conditions of employment invalid and is not a confirmation of employment. Neither does the CoS override the employment contract.

Had your wife signed an employment contract with the employer? If so, what are the terms with regards to termination? Whether a legal action is even possible will be based on the answers to the questions asked. As advised, this is not an immigration matter.