Is it legal or illegal to stay on bench period on tier 2?

[chella]

Hello guys I need bit help from you, one of my friend on tier 2 sponsorship visa the problem is his bench period is coming shortly tolled by the employer, he says it could be bit longer( 6 to 7 months)and unpaid as well during the period. Is it legal or illegal to stay here during this period? Also can I go abroad for my holiday? Please help me as I'm so stressed!!!!!

[PaperPusher]

Hello guys I need bit help from you, one of my friend on tier 2 sponsorship visa the problem is his bench period is coming shortly tolled by the employer, he says it could be bit longer( 6 to 7 months)and unpaid as well during the period. Is it legal or illegal to stay here during this period? Also can I go abroad for my holiday? Please help me as I'm so stressed!!!!!

This is really not OK. A Tier 2 sponsor must have a genuine vacancy, and it is not a genuine vacancy where they will not even pay the migrant. If the migrant works for the employer at another location on a contract, the Tier 2 sponsor has to be responsible for quite a bit more than just processing the fees charged to the client, they have to be responsible for the actual work.

There should never ever be an unpaid bench period on Tier 2 General.

The sponsor also has to tell the Home Office that the person is no longer working for them, why should a migrant be able to live in the UK on Tier 2 without actually doing any work or being employed? I am not talking about maternity/sick/annual leave here, but this bench nonsense. This is facilitating migrants to live in the UK, and it could be a family of 4 with kids in school and family members with expensive healthcare needs, who would otherwise not be able to live in the UK. Do you think if the Home Office knew the employer would be able to keep the licence? No salary being paid means no tax being paid, but the migrant can still access public services where a Tier 2 sponsor is abusing the system like this.

The migrant could even be entitled to contribution based JSA when they should be getting paid, all because this sponsor is taking the pi**.

If this friend travels, they can expect to be refused entry on their return, because they are not even working or employed, so why on earth should they be able to enter on Tier 2?

[The Station Agent]

Quite right PP - these sponsors should have their licences revoked. They're selling CoS on the hope the sponsored get a job, which is totally contrary to the way the system is intended.

[MaheshGMS]

Your Employer should not be doing this. You should be paid as agreed on the COS. Something fishy about this employer.

[ukaspirant5]

HI Friend,

It is completly illegal to stay in UK without work -
If you are in bench,ask employer to pay salary otherwise go for legal action.
Finally Tier 2 general is worst visa.

[onlooker]

Even if you keep being paid you may not stay "on bench" as long as you want. One consultancy I know of generally allows 3 months maximum, although they would be happy to pay you for longer. They say this is a UKBA requirement.