Tier 2 General,Company forcing to go- Seeking urgent help

[gargp]

Hi Team,
Need urgent help.
My Situation

Came to UK on Tier2 general dependent in FEB 2009.
Got Tier2 general in Aug 2010 and currenly on Tier2 visa is till 2015 Sep.
Permanent residency is due in July 2015.

My company has asked her to go back today with no notice but i caannot go as we have a 5 year kid who is british citizen and we are completely settled here.My husband is permanent resident. I have decided to say no to them as my son is under NHS treatment and i dont have any setup to live outside uk.
I need your advise .In case my company cancel my COS , how many days i can stay in UK legally to search another sponser.

In worse case ,If need to apply wife for settled person , Under which category i can apply visa
Its just a matter for 5 months so please advise what i can do to save my PR.Any help in this matter will be highly appreciated.

Many Thanks.

[deathgaze1]

The employer can not tell your wife to "go back today"!! She can stay legally in UK on this Visa (It will be Curtailed to 60 Days by UKBA, the curtailment process can take a month, so she will have around 90 days to look for a new tier 2 sponsor), but can not work for any one else.

She can also apply to remain in UK with Family as you (her Husband) and son are British Nationals? But I believe it will have an impact on ILR eligibility, best to find a new Tier 2 Sponsor and apply for ILR in 5 months time, leave this as the last resort.

I am no expert so one of the Guru's will probably provide better advice.

What is the minimum notice period on the contract? The employer will need a good reason for Immediate Dismissal.

[gargp]

Thank you so much for your reply.
Pls can you advise - what exactly 'Dissmissal means' ? Is it company has asked employee to resign or company has asked to move back to India ?

[chetan0229]

Hi,
though at the outset, your case seems to be difficult but it is not so uncommon. my advice would be not to panic. just think thru the process.

Firstly, No company can just say that you have to leave next day. Atleast they should provide 4 weeks of time to settle rentals, bill payments, tax payments to be completed before moving out of the country.

Secondly, if they indeed said to leave immediately, employee has every right to politely reject their words.

thirdly, now since company indeed told to move out with immediate effect, negotiate them for 4 to 6 weeks time and in the meantime search for another tier 2 sponsor.

fourth, if none works out then since your husband is already a permanent resident it shouldn't be too difficult to re-enter UK. But yes, this would reset your ILR eligibility. but as i said, this is last resort.

My best advice would be to talk thru your manager or HR and convince them for 4 to 6 weeks of time frame and search for new sponsor.

All the very best.

DO NOT PANIC...

[Frontier Mole]

Your employer can not force you to return to India. You are a tier 2 General employee so by default you are not temporarily based in the UK as if you were an ICT.
You are in the same position as any UK employee and have the same employment rights.
If your employer is saying it is move or lose your job then that is a redundancy postion and they will have to serve notice of such.
If they are saying no to redundancy then it will be constructive dismissal if they terminate your employment.
You need to talk to your HR dept to see what is thev actual offer / postion.

[gargp]

Thanks a lot.My position has been extended till mach but again in same situation after march.Looking out for sponser/another projects in same company but nothing has materialised yet.I am just hoping something poitive happen and i just come out this situation and get ILR in july.
I will keep this form posted as and when for advise as my situation get changed.I am so helpful to everyone who replied to my post.