Does my current situation give me the right to work in UK?

a1234567 · Post by **a1234567** » Sun Nov 13, 2016 3:39 pm

Hi,

I am creating a new topic as the subject of the old topic does not relate to my new query.

I was previously refused Tier 2 General visa (shortage occupation) but upon reconsideration UKVI have now granted me the visa. But it took over 5 months for UKVI to change their initial refusal into approval.

As a result of this delay, my employer has hired someone else in my position. They have asked me to apply from scratch if a new job becomes available. However, UKVI will be notified that I am no longer an employee and they will soon cancel my visa.

So can you guys please suggest if, by not taking me back, my employer has acted correctly?
Or can I make a complaint to seek compensation from UKVI? As their refusal led to me losing my job and income for the last few months?

Thanks in advance

CR001 · Post by **CR001** » Sun Nov 13, 2016 3:54 pm

What was the reason for the original refusal and AR refusal?

What visa did you have before the application that lead to refusal and when did this visa expire?

Were you employed by this company before this application and refusal?

Did you keep your sponsor informed the whole time of what was happening?

a1234567 · Post by **a1234567** » Mon Nov 14, 2016 11:35 am

CR001 wrote:What was the reason for the original refusal and AR refusal?
For not declaring a simple caution received in the past and UKVI disagreeing that the job description matches the SOC code. At AR same reasons were used to maintain the decision.
N.B. I was asked to provide further details on my job description while the application was being reconsidered. After which I have been granted the visa.

What visa did you have before the application that lead to refusal and when did this visa expire?
Tier 1 general and it was valid when the Tier 2 application was made.

Were you employed by this company before this application and refusal?
Yes

Did you keep your sponsor informed the whole time of what was happening?
After refusal they did not want to apply for AR on my behalf. So I did it myself and did inform them in writing. However, there was no contact until visa was granted.

a1234567 · Post by **a1234567** » Mon Nov 14, 2016 12:51 pm

My previous post seems to be hidden under the ad.

What was the reason for the original refusal and AR refusal?
For not declaring a simple caution received in the past and UKVI disagreeing that the job description matches the SOC code. At AR same reasons were used to maintain the decision.
N.B. I was asked to provide further details on my job description while the application was being reconsidered. After which I have been granted the visa.

What visa did you have before the application that lead to refusal and when did this visa expire?
Tier 1 general and it was valid when the Tier 2 application was made.

Were you employed by this company before this application and refusal?
Yes

Did you keep your sponsor informed the whole time of what was happening?
After refusal they did not want to apply for AR on my behalf. So I did it myself and did inform them in writing. However, there was no contact until visa was granted.

Frontier Mole · Post by **Frontier Mole** » Mon Nov 14, 2016 7:33 pm

There is no valid reason for compensation from UKVI so forget about that. You failed to mention a caution so that was in fact a false declaration.

If you applied in time before your visa expired you should have continued to work until the visa decision was made. So I don't see why you did not continue?

If the company no longer wants to employ you and withdraw their sponsorship that is not a UKVI issue. Suggest you contact an employment lawyer / union rep or suchlike.

a1234567 · Post by **a1234567** » Mon Jan 16, 2017 8:14 pm

Hi

Just a bit of background on my situation. My Tier 2 General visa was initially refused but then granted upon UKVI reconsidering their decision. This led to me losing my job and I am expecting a curtailment letter anytime.

Now I received an email offer from a company I interviewed for who are already registered to sponsor (they are on the Tier 2 sponsors list). However, they seem to have changed their mind about sponsoring my Tier 2 General visa and have now withdrawn their offer. They claim that I do not currently have the right to work in the UK as my current visa only permits me to work for my previous employer.

I do not believe that is correct as I hold a valid Tier 2 General visa (until curtailed) and am free to apply for jobs at any Tier 2 visa sponsoring employer. Could you please confirm if I currently have right to work in the UK? Any links that back this up would be very much appreciated.

Thanks in advance for your reply

CR001 · Post by **CR001** » Mon Jan 16, 2017 8:29 pm

You are only permitted to work for the company that sponsored your Tier 2 General visa. The rules and the guidance are very clear about this point.

You have to apply for a new Tier 2 with the new sponsor in order to work for them.

When does your existing visa expire?

Why do you think you can work for any sponsor on your existing visa?

a1234567 · Post by **a1234567** » Tue Jan 17, 2017 12:24 pm

@CR001
I understand I can only work for the company that sponsored my Tier 2 General visa. However, that company is physically based in the UK. Does that not mean I have right to work in the UK. Otherwise it would mean none of the Tier 2 General workers have the right to work in the UK. So my question would be: Do Tier 2 General visa holders have the right to work in the UK?

Please see answer to your questions:
"When does your existing visa expire?"
My current visa expires in 2019

"Why do you think you can work for any sponsor on your existing visa?"
I know I need a new sponsorship and visa before I can start working for a new sponsor. However, I am questioning this company`s reason for withdrawing their offer i.e. Tier 2 General visa holders do not have right to work in the UK.

@Frontier Mole
"If you applied in time before your visa expired you should have continued to work until the visa decision was made. So I don't see why you did not continue?"
I was not given an opportunity to stay with my sponsor while I applied for AR. They dismissed me on the same day my visa was refused.

noajthan · Post by **noajthan** » Tue Jan 17, 2017 12:38 pm

a1234567 wrote:...

"Why do you think you can work for any sponsor on your existing visa?"
I know I need a new sponsorship and visa before I can start working for a new sponsor. However, I am questioning this company`s reason for withdrawing their offer i.e. Tier 2 General visa holders do not have right to work in the UK.

...

You and this company seem to be arguing over semantics.
Perhaps they have changed their mind about the offer and are just giving such a reason as a convenient excuse rather than indulging in a prolonged discussion.

You need to make a successful application to vary your leave and/or your sponsor within the 60 days following curtailment.
So you don't really have a generic longstanding right to work in UK, you need to find and switch sponsor asap.

iworker · Post by **iworker** » Tue Jan 17, 2017 3:00 pm

i think the OP needs to be cleared that by having a visa till 2019, he is not allowed to legally work in the uk.
you were only allowed to work for just 1 company in the uk, who is not willing to keep u.
I think the new company who was willing to give u an offer would have been under the impression that u had an independent work visa , like tier 1 gen , on which basis they gave u an offer. After u told them u had tier 2, they withdrew their offer.
Also i think u need to slow down in thinking you can take actions against ukvi, companies etc, as that road may turn uglier for u, especially financially.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Does my current situation give me the right to work in UK?

How to redress this situation?

Re: How to redress this situation?

Re: How to redress this situation?

Re: How to redress this situation?

Re: How to redress this situation?

Does my current situation give me the right to work in UK?

Re: Does my current situation give me the right to work in U

Re: Does my current situation give me the right to work in U

Re: Does my current situation give me the right to work in U

Re: Does my current situation give me the right to work in U