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Tier 2(general) CoS legal obligation

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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HBBB
Junior Member
Posts: 72
Joined: Tue Oct 04, 2016 2:47 pm
Location: Nottinghamshire
Iran

Tier 2(general) CoS legal obligation

Post by HBBB » Sat Dec 24, 2016 1:06 am

Hi All,

I'm on a T2(G) and my job is on shortage list. It is small growing company that does international business. My sponsor company has mentioned in the CoS I used for my current visa that they will provide accommodation and car.

1- Does it have any legal obligation for them just like a contract as long as they are sponsoring me?

2-I don't have a contract signed with them yet. Since my living inside UK is highly tied to their sponsorship and they can dictate many conditions to me, what are pros. and cons. of siging a contract with them? They sometimes force me to stay awake overnight and work over weekends without any extra payements and they withraw some of benefits they promised me whenever they like. I don't have any idea if there is anything I can do without leaving the company.

Your thought are very much appreciated because the current condition is becoming unbearable for me.

Merry Christmas and Enjoy your holidays.

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Casa
Moderator
Posts: 25769
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Tier 2(general) CoS legal obligation

Post by Casa » Sat Dec 24, 2016 12:40 pm

It depends on the terms of your employment contract.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

HBBB
Junior Member
Posts: 72
Joined: Tue Oct 04, 2016 2:47 pm
Location: Nottinghamshire
Iran

Re: Tier 2(general) CoS legal obligation

Post by HBBB » Sat Dec 24, 2016 5:05 pm

Casa wrote:It depends on the terms of your employment contract.
Thank you very much.

Is that mean CoS doesn't cause any legal obligation after a visa is granted and only employment contract is important?

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Frontier Mole
Respected Guru
Posts: 4437
Joined: Tue May 06, 2008 12:03 am
European Union

Re: Tier 2(general) CoS legal obligation

Post by Frontier Mole » Tue Dec 27, 2016 9:36 am

Some points to consider

The COS does creat a legal obligation between UKVI and the employer. Failure to honour salary, working hours, guaranteed bonus, accommodation allowance etc all have an impact on the Sponsor licence. You as an individual can not enforce those obligations through the COS only UKVI can.

There is one requirement that tier 2 employees do have to have and that is a contract of employment. So if there is no contract then the employer is in breach of their sponsorship duties.

The question is what are you actually trying to achieve?

If you don't sign the contract that is meaningless under U.K. employment law and gets you no where.

If things are bad best to find a new employer/ sponsor

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