What to do if new employer no longer wants to employ me

[streaming]

Hi all, thank you in advance for helping me out.

I was working with a Tier 2 G visa for employer A, and it is valid till 2014.
Recently I tried to change employer and the new employer B provided me a CoS and I applied a new Tier 2 G. Everything goes well and my biometric enrolment was on March 2nd, and the start date was changed many times and the recent one was set to June.

However, today the new employer B told me that they won't provide me the position anymore, so I hurried to withdraw my application and request my document from UKBA.

But UKBA answered that "your case notes showed that your case has been granted", so I assume my new visa has been approved, but I'm not sure.

So what should I do now? Because I still hope I can work for employer A in this case. And I haven't hand in my notice yet since I hoped to start in June. Is my old visa still valid please?

Much appreciated!

[vc555]

Hi all, thank you in advance for helping me out.

I was working with a Tier 2 G visa for employer A, and it is valid till 2014.
Recently I tried to change employer and the new employer B provided me a CoS and I applied a new Tier 2 G. Everything goes well and my biometric enrolment was on March 2nd, and the start date was changed many times and the recent one was set to June.

However, today the new employer B told me that they won't provide me the position anymore, so I hurried to withdraw my application and request my document from UKBA.

But UKBA answered that "your case notes showed that your case has been granted", so I assume my new visa has been approved, but I'm not sure.

So what should I do now? Because I still hope I can work for employer A in this case. And I haven't hand in my notice yet since I hoped to start in June. Is my old visa still valid please?

Much appreciated!

Sorry i cant answer your question ..

But i'm looking for an answer .. i would like to contact UKBA , i called many number's since this morning 08706067766, 03001234699 etc...
At last i e-mailed them (public.enquiries@homeoffice.gsi.gov.uk)

I applied my application on 4th, due to some circumstances i need to change my payment ..

Can you please tell me how u contact them ? its urgent for me ....

Thank you.

[ukbagod]

Hi there,

It is very nasty from employer B to not offer you the position they promised. Is there any reason as to why they changed their minds?

And as per your qqueston, unfortunately if new visa for B has been granted, they would have then destroyed your current BRP and your leave with A has now ended as per immigration rule.

Hence, you new visa will indicatw that you must only work for B after the date its granted. Options for you

A) If you have signed a contract with B, you can SUE them. And always remember, in future, sign a contract first before you proceed to apply new visas.

B) If you have no contract, you have to speak to B and get a way round it.

C) If nothing happens, then you have 60 days to look for new employer as B might have just cancelled you CoS as they dont want you any longer.

D) In this period, you are not allowed to work with A unless you get permission form the Visa-Granted employer B (strangely) , as they are legally hyour employer.

It is perhaps the most complicated case in Tier 2 and UKBA will go with their rules. You been treated harshly. Good luck man.Pray hard.

Cheers

[streaming]

Thank you very much for the reply!

Employer B just said they are having financial difficulties....

However, UKBA just replied that they will withdraw my application and return my documents to me.

So that means my previous visa is still valid, because the new one is not really granted?

I tried to ask this question to UKBA directly, but there is no response.

Do you have any idea please?

Hi there,

It is very nasty from employer B to not offer you the position they promised. Is there any reason as to why they changed their minds?

And as per your qqueston, unfortunately if new visa for B has been granted, they would have then destroyed your current BRP and your leave with A has now ended as per immigration rule.

Hence, you new visa will indicatw that you must only work for B after the date its granted. Options for you

A) If you have signed a contract with B, you can SUE them. And always remember, in future, sign a contract first before you proceed to apply new visas.

B) If you have no contract, you have to speak to B and get a way round it.

C) If nothing happens, then you have 60 days to look for new employer as B might have just cancelled you CoS as they dont want you any longer.

D) In this period, you are not allowed to work with A unless you get permission form the Visa-Granted employer B (strangely) , as they are legally hyour employer.

It is perhaps the most complicated case in Tier 2 and UKBA will go with their rules. You been treated harshly. Good luck man.Pray hard.

Cheers

[ukbagod]

Well, if they have approved your new Visa with B, then you are in a trouble as this will automatically cancel your current visa with A.

UKBA may have naively assumed what you meant was your withdrawing from your T2 visa was was approved for B, meaning they might be thinking you decided not to work in the UK any longer and that you have requested your documents.

If UKBA is yet to make a decision, then you are lucky as they can assume you not interested in moving further with B.

Problem is you don't know if they have approved it or not. When you have asked, they should have told you or your should have been strict to them.

If they have approved your Tier 2 with B, then they have automatically cancelled your current Tier 2 with A which they can undo. So, you have to reapply Tier 2 with A AGAIN! which means your got some 'explanation' to do with A.


Just wait til you hear from UKBA.

[ukbagod]

However, good news is:

You can argue with UKBA saying they haven't officially notify you that you have been granted Tier 2 with B. So, you can play that cards easily. UKBA have to write to you first about the approval of your new visa, which they havent in your case.

In such case, UKBA can just cancelled your CoS with B and return your BRP and documents saying your application has been refused as your CoS is no longer valid and you can continue working with A, which I think would be in your case.

Fingers crossed.

Let me know how it goes...

[streaming]

Thank you very much!

Actually before Easter, I sent them a letter and formal request to postpone the decision for one month since I was have a start date problem with employer B.

So logically they shouldn't approve my visa since I request to postpone it before the decision (hopefully it was "before" because I didn't know the approval date). And in that letter I said I wish to continue working with A till a start date is fixed.

Hopefully these information will be helpful in my case, will it?

Well, if they have approved your new Visa with B, then you are in a trouble as this will automatically cancel your current visa with A.

UKBA may have naively assumed what you meant was your withdrawing from your T2 visa was was approved for B, meaning they might be thinking you decided not to work in the UK any longer and that you have requested your documents.

If UKBA is yet to make a decision, then you are lucky as they can assume you not interested in moving further with B.

Problem is you don't know if they have approved it or not. When you have asked, they should have told you or your should have been strict to them.

If they have approved your Tier 2 with B, then they have automatically cancelled your current Tier 2 with A which they can undo. So, you have to reapply Tier 2 with A AGAIN! which means your got some 'explanation' to do with A.


Just wait til you hear from UKBA.

[ukbagod]

I don't know. But knowing them, they usually don't give a damn on letters. Only way is to wait and find out.

I don;t think UKBA will entertain a request to 'postpone' a decision or our humble request to work with A and stuff.

[streaming]

OK, in this case I can only pray...

Thank you very much for all these instructions, hopefully I will be fine. Best wishes!

I don't know. But knowing them, they usually don't give a damn on letters. Only way is to wait and find out.

I don;t think UKBA will entertain a request to 'postpone' a decision or our humble request to work with A and stuff.

[ramya80]

sorry for your situation, if I were you I would try to get the help of a good lawyer as they may know how to approach it...all the best

[streaming]

Thank you very much for your advice!

I will wait for UKBA's decision first and then decide what to do next. Since they only mentioned that they are going to withdraw my application and send back my documents, so I assume my old visa is still there, hopefully.

sorry for your situation, if I were you I would try to get the help of a good lawyer as they may know how to approach it...all the best