Does anyone know?

[monos013]

Hi!
Thanks for reading my post.Im writting this for a friend of mine ,hope someone will give me some helpful answer.Well,he graduated on one of leading university in The Uk and got 2 years Tier 1 working visa .A couple of months ago he changed his job(work as a deputy manager for a leading Fast food company in a fild that he was studying)When a new company employed him 7 months ago they where informed that he will need to meet Home office requrements of min 20000£ in salary and a letter for sponzorship in order to extend his visa to Tier 2.When a time came to apply for his visa last week ,the company said they stoped doing that sponzorship and only do for people in HR.Nothing was written in a contract but there are few emails where he before took employment reminds them what are his requirements.In the same time he got 2 job offers and they new what he will need but he decided to stay with this company as he is coming from that backround.Company saying now they can't do anything as they stoped doing it.You cant employ someone on that basis and after 7 months say i don't do it any more.It is quite frustrating as he is not able to apply for univerrsity at this time as admisions has been closed and just have send for visa extention FLO or FLM something like that.In the meantime waiting from the company to hear if they change their mind.He met imigration solicitor yesterday who said that in his emails wasn't mentioned word"sponzorship" but he has emailed to them all UKBA page about requirements for his Tier 2 visa before accepting their offer.It is reputable company A listed on UKBA web site and doesnt have any restrictions for their applicants.Do they have a right to chose whom they will give sponzorship letter ?it is for the whole company the licence that they have got from UKBA but not for only some departements..Another solicitor said you can argue a case as is a verbal contract what you said before taking that employment that you need a sponzorship letter.The other said not much to do as even if they give you a letter you proffesion is not on shortage list(on UKBA web site doesnt say that and i believe is only for applicants who are applaying from outside the UK but not those who are in the country)He is been 6,5 years here in the country and even his familly leaves in the UK and are UK nationals.Please every help much appritiated

[madona587]

First of all there is no such thing as 'Letter of sponsorship' involved in the Tier2 process.

Your friends company doesn't have to sponsor him. Its their decision. They have the right to say No. If he has taken this in a letter then he has a better chance of suing them. I don't think emails can be taken seriously. Maybe he can go to employment tribunal or something.

Your friends job title doesn't have to be on the shortage list as he is already in UK and working for the company. They just need to check his job title in the soc and give him a COS allocation.

Did you said his family lives in UK and are UK Nationals ? What sort of relationship you are talking about ? If these families are 'Parents or Partners' then your friend may have a chance to switch to a family category.

[geriatrix]

Consider using paragraphs when writing.

[PaperPusher]

What is his job? It is possible that it is too low skilled to qualify for tier 2.

[monos013]

Thanks Madona587!
I can see basicaly that they can do whatever they want.Sad just can't understand that someone is playing with your life.They employed him and knew what he will need to extend his stay that is what he was promised,unfortunatelly nothing written on the paper to prove but those emails that i mentioned.Otherwise he would stay with the other company and get that what he needs.
I dont know much about immigration but is just a common sence that he and someone who applaying out of the country have different requirements.Was supprised that immigration solicitor said that anyway even if he had sponzorship they wont accept as is not on job shortgage list his role.I believe higher requriements are for those who comes to the country and why someone will take a person as a store manager from aborad if you have so may unemployed people.
I strongly believed his wrong and thats why seeking help here.
Just have send him a message to go and read your reply.
Hes biological parents are Uk nationals and his whole fammilly live here in Birmingham,but his is London.He was living with his granparents back in India and when they passed away joint his familly and gone to university here in the Uk.
as he is in his late 20's hes where paying his fees and for the life through university but now he is not dependant to them as he lives in London
He would like to stay in London and keep his job,does with a familly visa he has a right to work and can he stay in London if he parent a based in another city?
You have given some hope,million thanks!

[monos013]

thanks for your answer.
He is a store manager in a big leading fast food chains .according to UKBA website he needs a minimum of 20000 pounds anual salary ,which he has and plus a bonus on it and ,to be how i have understood to have a role in some connection for what he was studyied.as he was studying for HR management .is a manegement role .
certenly wont qualify as a plumber even if had those 20000 per anum,so he tick all the boxes,the problem is that company saying they stoped doing that and they have no slots for sponzorship and keep repeting the same every time he calls them.they do it only for people in HR.
its big company and was reading somewhere if company runs out of those slots always can request more.most of all they so happy with him,and price always his work and have a great comments for only short time being with the company,just can't understand why someone cant do it its formality only
in the other hand is more etical question as they have promised that to him ,and now saying no.why you would train someone for 6 months,increse his pay even ,arrange a new store to work in and organize if you know he has 7 months left on his visa?
thanks puperpucher!

[madona587]

You solictors advise of "Only shortage occupation list" people can get Tier2 is Wrong.

The thing is since his company is refusing to hire him there is no need to think about Tier2 now.

His parents are British citizenship holders ? So he joined his parents here in UK when his grandparents passed away. What type of visa he got to join his family here ? Is this a student visa ?

I'm not an expert with family immigration but a more senior member can help you with this one. I think if his parents are British he has a real chance.

Wait for others opinions.

[monos013]

not sure what type of visa he had to enter the country but shortly after that he became student and was on a student visa for 4 years.or maybe even came with a student visa not sure.but he came to the uK to stay with his parents. after finishing his uni ,he got 2 years working visa(tier 1)
which expired last week and coz of circumstancies he only sent for extention.
YES SOLICITOR TOLD HIM THAT HE DOESNT QUALIFY EVEN IF HAVE SORTED PROBLEM WITH THE COMPANY AS HIS PROFFESION IS NOT ON SHORTGAGE LIST!I KNEW IS SOMETHING WRONG!
send him a text to read this ,not heared from him yet .probably if he join in here and read your answers would be better as he knows more what to ask and what to do
.i done my job and thanks to all as you have given me a hope!

[monos013]

not sure what type of visa he had to enter the country but shortly after that he became student and was on a student visa for 4 years.or maybe even came with a student visa not sure.but he came to the uK to stay with his parents. after finishing his uni ,he got 2 years working visa(tier 1)
which expired last week and coz of circumstancies he only sent for extention.
YES SOLICITOR TOLD HIM THAT HE DOESNT QUALIFY EVEN IF HAVE SORTED PROBLEM WITH THE COMPANY AS HIS PROFFESION IS NOT ON SHORTGAGE LIST!I KNEW IS SOMETHING WRONG!
send him a text to read this ,not heared from him yet .probably if he join in here and read your answers would be better as he knows more what to ask and what to do
.i done my job and thanks to all as you have given me a hope!

[PaperPusher]

There is more to it than just needing a salary of £20k.

Employers cannot sponsor people to be store managers of fast food chains. There are some catering roles allowed on the shortage occupation list but not if the post is in fast food.

http://www.ukba.homeoffice.gov.uk/sitec ... tnov11.pdf

See the relevant code of practice:

http://www.ukba.homeoffice.gov.uk/sitec ... e2012-cop/

I doubt that the problem is that the employer will not through choice sponsor a manager, but that no roles other than some in HR actually qualify for sponsorship.

thanks for your answer.
He is a store manager in a big leading fast food chains .according to UKBA website he needs a minimum of 20000 pounds anual salary ,which he has and plus a bonus on it and ,to be how i have understood to have a role in some connection for what he was studyied.as he was studying for HR management .is a manegement role .
certenly wont qualify as a plumber even if had those 20000 per anum,so he tick all the boxes,the problem is that company saying they stoped doing that and they have no slots for sponzorship and keep repeting the same every time he calls them.they do it only for people in HR.
its big company and was reading somewhere if company runs out of those slots always can request more.most of all they so happy with him,and price always his work and have a great comments for only short time being with the company,just can't understand why someone cant do it its formality only
in the other hand is more etical question as they have promised that to him ,and now saying no.why you would train someone for 6 months,increse his pay even ,arrange a new store to work in and organize if you know he has 7 months left on his visa?
thanks puperpucher!