Tier 2 (General) Resignation Process

Hi there,

I was granted a tier 2 general visa in April 2012, came into the UK in May 2012 and looking to apply for ILR in April this year.

My issue now is my employer has refused to issue me a letter to support my application as they have concerns I wouldn't continue to work with them after I receive my ILR.

The options they have given me are:
- Continue to work for them until the end of my current visa I.e another year which will mean I'd have worked with them for 6 years before they support my application.

- They support my application now, after working with them for 5 years, and I sign an agreement with them to continue to work with them for another year while I also pay a surety deposit of £7, 500 which I'd get back if I don't break the agreement. If I resign at any point in the year, I'd lose the deposit.

I have absolutely no issues continuing to work with them but my problem is, they deduct 32% of my wages every month as their charges for sponsoring my visa. I was hoping to get away from this after 5 years but now the goal post has been moved.

I'm now married to a British citizen however, I'm not keen on switching to a spousal visa as that will reset the clock for me and will need to wait another 5 years for ILR.

My questions are:
- does my employer have any right to prevent me from applying for ILR after 5 years?
- is it legal for them to ask that I sign an agreement to continue to work for them and pay a surety deposit of £7,500?
- is there any other option for me to get ILR after 5 years without a letter from my employer?

I've been a slave to this company for 5 years, I cannot do it for another year. Any guidance I get will be appreciated!

Many thanks.

I have absolutely no issues continuing to work with them but my problem is, they deduct 32% of my wages every month as their charges for sponsoring my visa. I was hoping to get away from this after 5 years but now the goal post has been moved.

Oh dear, you have far bigger problems than them not supporting you. A genuine Tier 2 G sponsor does not charge their employees a 'monthly fee or commission' for sponsoring their visas. If they are charging you a 'fee', are you working as a contractor through an umbrella company?

- does my employer have any right to prevent me from applying for ILR after 5 years?

No, but you cannot apply for ILR without the required letter. That is besides the question I have asked above.

- is it legal for them to ask that I sign an agreement to continue to work for them and pay a surety deposit of £7,500?

Probably not because they don't sound like a genuine sponsor. Genuine sponsors don't do this. See my questions above.

- is there any other option for me to get ILR after 5 years without a letter from my employer?

Highly unlikely and again, the issue around your sponsor might be more of a problem than just a letter.

I've been a slave to this company for 5 years, I cannot do it for another year

What do you mean by 'slave'? Did you have to pay a fee for your CoS? Do you even meet the salary requirement to apply for ILR?

CR001 wrote: Oh dear, you have far bigger problems than them not supporting you. A genuine Tier 2 G sponsor does not charge their employees a 'monthly fee or commission' for sponsoring their visas. If they are charging you a 'fee', are you working as a contractor through an umbrella company?

Yes, I am working as a contractor and they are acting as my umbrella company.

Geezy wrote:What do you mean by 'slave'? Did you have to pay a fee for your CoS? Do you even meet the salary requirement to apply for ILR?

Yes, I paid a fee for my CoS and I do meet the salary requirements.

From your response, there's a lot more I should probably be worried about which is why I'd like to be free from the company now.

Have you any suggestions or other options I can explore?

Yes, I am working as a contractor and they are acting as my umbrella company.

This is not permitted at all on Tier 2 General and is illegal in terms of the visa conditions you hold. You have in effect, been breaching your visa conditions for 5 years.

Yes, I paid a fee for my CoS and I do meet the salary requirements.

You have been scammed. You do not work for a genuine sponsor and I really hope for your sake, that your CoS was not one that has been 'recycled' for many applicants to use who were also paying a fee for a CoS. There have been members that have had to leave the UK due to this scam after losing thousands of pounds, once HO found out, usually through an ILR or Tier 2 G extension application.

Did you never think that this might be 'unusual' or a scam?? What did this CoS cost you? How did you get to know about this 'sponsor' and get a CoS?? What was the duration of your initial visa? Did the 'sponsor' tell you that you are allowed to contract on this visa and that it was exactly the same as the Tier 1 General visa which is now a closed category? Did you do any research on the conditions of Tier 2 General before accepting this 'job'? These scammers prey on the desperation of migrants to find any way to either stay in the UK or come to the UK.

I would suggest you switch to FLR(M) as soon as possible if your spouse is British and forget about ILR based on Tier 2 G. Does your spouse work and if so, does your spouse meet the financial requirement for FLR(M)?

Your time spent on Tier 2 G could still be heavily scrutinised and will likely be a stumbling block for any aim of British citizenship in the future under the stricter good character requirements.

Eight plus years on and we are still seeing the abuse of migrants enslaved by contracting companies.
I am glad to say this trend is less prevalent than it was about 5 years ago but is far from being resolved.

The only advice I can offer the OP is to switch employer if you can. You are in a horrible position as there is no guarantee even after you get to six years they will give you the appropriate letter to gain ILR. Looking at their approach now I am seeing you paying for that letter because they know without it you are going home....

You are actually in the modern slavery zone and could seek protection from your employer BUT that is a massive risk and basically you would be reliant on the HO not taking action against you for knowingly purchasing a COS and undertaking contractor work.

Question - you said you meet the salary requirement for ILR - is that before or after their deductions?

The best and safest option is to get a Spouse visa then the sordid employer can got and multiply himself.

Did you never think that this might be 'unusual' or a scam?? What did this CoS cost you? How did you get to know about this 'sponsor' and get a CoS?? What was the duration of your initial visa? Did the 'sponsor' tell you that you are allowed to contract on this visa and that it was exactly the same as the Tier 1 General visa which is now a closed category? Did you do any research on the conditions of Tier 2 General before accepting this 'job'? These scammers prey on the desperation of migrants to find any way to either stay in the UK or come to the UK.

I found out about this company via XXXXXX Contractors website. I didn't think it was a scam as there were a number of companies offering this service for different fees. On several occasions, this company has told me they are routinely audited by the Home Office. The audacity with which they communicate and make demands has always made me think they cannot be illegal as they clearly have no fear of the HO finding out about their operations.

My initial visa was for 3 years and it was renewed without any issues 2 years ago. They told me the only condition I can work with them is via contracting as such, I haven't been in any permanent employment the last 5 years.

I would suggest you switch to FLR(M) as soon as possible if your spouse is British and forget about ILR based on Tier 2 G. Does your spouse work and if so, does your spouse meet the financial requirement for FLR(M)?

My spouse works and he meets all the requirements.

I didn't make the switch when we got married a year ago as I thought it better to get the ILR instead of starting the 5 year count to ILR again.

Obviously from all that's been said here, that's my only option now - no point pushing the ILR route any longer.

Is there any point making it known to this company I'm now aware they're dodgy and insist they give me the letter of just completely forget that option?

Your 'sponsor' likely knows very well that they are operating illegally so any threat you make will mean nothing to them, they will just move on or change the company name or something. They have got 5 years worth of commission out of you, so they are the ones laughing all the way. Bribery is also illegal, so don't compound your situation trying to force a letter out of them. Even if you did get one, HO can still call them to 'confirm employment' and by the sounds of it, your company will drop you massively in the poo.

If I was you, just move on, switch to FLR(M) using your spouse's income and salary proof. You really should heed Frontier Mole's advise and weigh up the risk of outing this company and the implications doing that will have for you.

Hi there,
 
I am looking to get some guidance from you.
 
I have been on a Tier 2 (General) Visa for the last 5 years. Following 5 years of active service, I was eligible for ILR in March this year however, the company that sponsored my Tier 2 visa refused to support my application and demanded I work for them for another year before they support my ILR application. They also stated they’d support my application in March but I had to continue working for them and pay a surety deposit of £7,500 which I’d loose if I resigned at any point.
 
As I am now married to a British citizen, I have opted to apply for the spousal visa which has now been approved and I have notified my Tier 2 sponsor of my resignation and given 4 weeks notice as per my contract. I have told them I am resigning for personal reasons as I don't want them to know what visa category I'm now on.
 
They have come back to me to say I'm in breach of my contract and I have to tell them what my current immigration status is and provide proof of this. They have said I am committing an offence by not providing this information and as my sponsor, they will need to report this to the relevant authorities.
 
My questions now are:
Do I have to tell them what my current immigration status is and provide proof of this?
Is this information required when they notify the Home Office I am no longer employed by them?
Is there a chance I lose my current spousal visa as a result of this?
 

You are required to provide them with proof or right to work and as you are still employed you should do this.

It should not affect your spouse visa. They have no control over that, however, given your breach of tier 2 rules by contracting, I would suggest you be nice till you leave.