URG: Can my ex-emp influence the UKBA to turn down decision?

[Prash_13]

Hi All,

I was on Tier 2 ICT visa for 4.5 years with company 'X' and they planned to send me back at end of this month to my home country after knowing that I am eligible to get the ILR after 6 months. I started looking out for a new job few months back and I got a job offer from company 'Y' who agreed to sponsor. I switched to Tier 2 General visa this week through PEO appointment. I have the UKBA approval letter and I'm waiting for the BRP card.

Meanwhile, I submitted my resignation to X company yesterday and asked them to relieve me by end of March. But they are forcing me to fly back and complete the handover formalities over there. I have 8 weeks notice period and I am saying I will serve 4 weeks notice from UK (plus 2 weeks as I have plenty of unused leaves). But they are not agreeing for that and they are threatening me saying that I will face serious consequences if I don't fly back. A senior manager went to the extent of asking me to disclose my new employer's name saying that they need the information to complete few processes before they relieve me.

I am bit concerned here and could you please clarify my below queries?

- Can my ex-employer turn down/influence the current decision of UKBA?

- Can my ex-employer influence my new employer (if they found out the company name) to turn down the offer letter?

- I am planning not to travel back to complete the hand over formalities at any cost. I know they can hold this month's salary, my gratuities, and experience letter. So if I don't serve the full 8 weeks' notice, can my ex-employer file any case on me?

- Can my ex-employer add any comments in the SMS/CoS to UKBA and which can affect me later in getting the ILR?

I am getting lot of calls and emails from my managers and HR. Could anyone please suggest on how to deal with this situation?

Many thanks in advance.

[gupta_ust]

First of all calm down.
UKBA has no personal relationship with your employer. All decisions are made black and white based on your documents by UKBA. Do not reveal future employer details at your will unless deemed necessary. They can't force you to go back and as per UK rules, your notice period should be 4 weeks or a month unless you signed a different contract.
Don't let calls from your HR or manager threaten you and they are just finding out ways to put you in uncomfortable zone.

[Prash_13]

Hi Gupta,

Thanks for your reply.

I have 8 weeks notice period. I am ready to serve 6 weeks notice but they are forcing me to return back and serve the remaining 2 weeks notice.

So I am not sure on what they are aiming at. If I go back to serve the 2 weeks notice and while returning to UK, will there be any problem at immigration?

[gupta_ust]

If you have the approval letter and just BRP is awaited why do you think there would be a problem? You can go and come back as many times u want if your visa is valid.

If the problem is all around serving for two weeks in your home country go ahead and do that to close the matter. I am sure your future employer would understand this.