takeway and fine dine

[ujjal]

hello
i got visa on Chef which is shortage occupation list this april 2014. my restaurant is doing takeaway and fine dine both at the moment.so could you please tell me if this affect the license of the company and do i get any problem in my visa.if ukba find this

[Frontier Mole]

Were you granted the visa in your home country?
If that is a yes the restaurant should not be offering a take away service.
If the Sponsor gets a vist - almost a certainty the licence will be revoked as the condition of bringing in a shortage occupation chef under a restrict COS is that the restaurant does not provide a take away service.

[ujjal]

Thank you for the reply. We got the visa by switching from student dependant from inside uk. The restaurant is offering both at the moment. So what will be the case. Do u suggest me to change the sponsor or that is ok for in country application.

[ujjal]

Thank you for the reply. We got the visa by switching from student dependant from inside uk. The restaurant is offering both at the moment. So what will be the case. Do u suggest me to change the sponsor or that is ok for in country application.

[ujjal]

Thank you for the reply. We got the visa by switching from student dependant from inside uk. The restaurant is offering both at the moment. So what will be the case. Do u suggest me to change the sponsor or that is ok for in country application.

[Frontier Mole]

Switch from tier 4 dependent requires a restricted COS which has to meet the RCOS rules. You r employer should not be offering a taleaway service,.
What you do about staying with your Sponsor is entirely your decision.

[ujjal]

Dear member
I am in tier 2 visa . We got ukba visit to our restaurant. They suspend the licence and after certain time my licence is revoked. Now my employer told me they going to take the case to the court and the revocation was not fair. So what will happen to me as a tier 2 holder. Can I continue to work with the same employer until the court decision or what?? What will I do?
Pls advice me

[Frontier Mole]

Your employer will not get anywhere with a JR challenge to the revocation. So it is time to look for another Sponsor.

Until you receive your 60 day curtailment letter you can carry on working for your Sponsor until the expiry of the 60 days.

If you have any reasonable skills of a chef you will be snapped up by another Sponsor pretty quickly. Just make sure they don't offer a take away service.....

[ujjal]

I am in the event manager post. But my husband who is dependent is a Indian chef. I think it is hard to find the sponsor nowadays.
Solicitors alreAdy appeal for that. So can I continue to work?

[Frontier Mole]

Event manager post on a chef SOC ?

That would explain the revocation.

Yes you can carry on working.

As for future stay, I would very much doubt you will be remaining under your own visa. You are now blighted as a non genuine vacancy role filler so wherever you move onto with Tier 2 will be subject to scrutiny. Perhaps your husband getting a chef Tier 2 role if he qualifies would be a better option.

[ujjal]

Sorry I think u got wrong I am event manager and I am. Working as a event manager . Bt my husband is my tier 2 dependent and work in uk for 5 years a chef in Indian restaurant. Can my husband switch in to tier 2 main from in country

[CR001]

Sorry I think u got wrong I am event manager and I am. Working as a event manager . Bt my husband is my tier 2 dependent and work in uk for 5 years a chef in Indian restaurant. Can my husband switch in to tier 2 main from in country

You need to post your facts clearly. Your posts are very confusing.

You said in your opening post :

by ujjal » Sat Jan 10, 2015 3:29 am
hello
i got visa on Chef which is shortage occupation list this april 2014

If you are the Tier 2 General main visa holder, do you work for a restaurant?

[ujjal]

Sorry for this
Forget everything I posted b4
Fact
I am event manager in restaurant
My husband work in same restaurant as chef who is on my dependent visa.
I work as event manager.
Licence suspended now
REason was non complaince reason and absence not recorded. We have only one migrant worked that is me
I been to solicitors and some told me to tell my employer to surrender the licence and get new one so the migrant worker will be transferred automatically

Some said go to jr and stay longer. As I have 18 months left.

As tier 2 dependent can I switch to tier 2 main I country

If go for jr can we work for the same employer until decision came??

[CR001]

Under what job and SOC were you employed in the restaurant and got your visa?

[Casa]

I'm still confused. How can the restaurant have only one migrant worker when both yourself and your dependent husband are employed there? Also how can the employer surrender a licence that has already been revoked?

[CR001]

Fact
I am event manager in restaurant
My husband work in same restaurant as chef who is on my dependent visa.
I work as event manager.
Licence suspended now
REason was non complaince reason and absence not recorded. We have only one migrant worked that is me
I been to solicitors and some told me to tell my employer to surrender the licence and get new one so the migrant worker will be transferred automatically

Some said go to jr and stay longer. As I have 18 months left.

As tier 2 dependent can I switch to tier 2 main I country

If go for jr can we work for the same employer until decision came??

Sorry, you really are not making sense in what you are saying.

What is YOUR visa, exact words?

What is your HUSBANDS visa, exact words?

[CR001]

Your posts above and previous topics/posts make your situation even more confusing. Suggest list all the facts in bullet points or by number if you expect anyone to be able to offer advice. Unless you are honest with the facts of what you are asking, no one can offer any valuable advice.

According to the link, UKBA Visit (click), you own the restaurant and have a migrant worker and the BDM (a consultant) was responsible for 'paperwork'.

According to the link, Need Response Please (click), your friend has a Tier 2 visa but it is the friends family who own the restaurant (this is frowned upon by HO) and Frontier Mole already provided the necessary response on this 'working for family on Tier 2 visa' issue.

And in this link from 2013, Please Help Me (click) you already had ILR and applying for Citizenship.

[Frontier Mole]

For the avoidance of doubt.

If a tier 2 chef is employed through the shortage occupation list then a takeaway service can not be offered.

If you are an events manager at a standard restaurant I would doubt very much that it would be considered a genuine vacancy. It is a known abuse trend to have that role in primarily small / medium curry houses. It is the new version of the BDM abuse trend and attracts attention from UKVI very readily.

You state in your post that there was non compliance issues as well as not monitoring absence. What were the non compliance issues. Does it mention non genuine vacancy?

[Casa]

For the avoidance of doubt.

If a tier 2 chef is employed through the shortage occupation list then a takeaway service can not be offered.

If you are an events manager at a standard restaurant I would doubt very much that it would be considered a genuine vacancy. It is a known abuse trend to have that role in primarily small / medium curry houses. It is the new version of the BDM abuse trend and attracts attention from UKVI very readily.

You state in your post that there was non compliance issues as well as not monitoring absence. What were the non compliance issues. Does it mention non genuine vacancy?

@Frontier Mole Have you read the variations in the three links? There's been no response from the OP since these were posted

[Frontier Mole]

I did read them to be fair. I have no doubt in my mind that the whole messy scenario will follow the well worn path to revocation and visa curtailment. For whoever is involved...

If the non compliance issues are matters than can be resolved I say good luck. If not, a pragmatic approach to the individuals future in the Uk (whoever they may be?) is what I am trying to achieve.

I do take the point that there seems to be a fair amount of confusion from the OP

[Casa]

I did read them to be fair. I have no doubt in my mind that the whole messy scenario will follow the well worn path to revocation and visa curtailment. For whoever is involved...

If the non compliance issues are matters than can be resolved I say good luck. If not, a pragmatic approach to the individuals future in the Uk (whoever they may be?) is what I am trying to achieve.

I do take the point that there seems to be a fair amount of confusion from the OP

Probably even more confused than we are at this point.

[vinny]

Tier 2: chefs at restaurants with a take-away service not eligible >

Supawan, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 2918 (Admin) (17 November 2017)

Imam, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 2917 (Admin) (17 November 2017)

[vinny]

Bajracharya, R (On the Application Of) v Secretary of State for the Home Department [2018] EWCA Civ 277 (22 February 2018)