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niomi · Member Joined: 09 Oct 2012 Posts: 66

I'm trying to switch from a Tier 4 (General) to a Tier 2 and have been having trouble because most companies and recruiters balk at the idea of sponsoring my visa. I've checked with my university and according to them this is actually discrimination and companies should not actually be asking about your visa status until AFTER they have offered you a position - it should not prevent me from getting to the interview stage.

There's apparently a court case precedent for it from 2009: http://www.legalweek.com/legal-week/news/1145322/osborne-clarke-hit-discrimination-ruling

Does anyone know how I could use this information to at least get to the interview stage?

I regularly get callbacks from recruiters very interested in my applications. I'm trying to work with companies/recruiters and explain to them that I: 1) do not need to pass the residence labour test; and 2) can start working full-time right away while I apply to switch -- but still they say 'we do not want to bother with sponsoring you when there are other suitable candidates who do not need sponsorship'.

Lucapooka · Guru Joined: 14 Aug 2011 Posts: 6583 Location: Brasil

It's not discrimination if a company chooses to only interview and employ candidates who don't require sponsorship under the T2 points-based system. To suggest otherwise would be ludicrous and it's the standard practise for the overwhelming, vast majority of business entities. Applying for a licence to sponsor migrant workers is an onerous chore, and any company would perhaps only consider enduring the time and effort involved in this if your skill set were truly remarkable and something they could not easily match with a settled candidate. I guess it's your job to convince them but there are no laws to say they have to listen or act!

manci · Guru Joined: 15 Feb 2012 Posts: 1538

Osborne-Clarke (solicitors) actually appealed the decision of the employment tribunal, which found indirect discrimination on the grounds of nationality, but lost the appeal:
http://www.bailii.org/uk/cases/UKEAT/2009/0305_08_0902.html

A parallel:
You don’t have to tell the employer that you’re pregnant when you apply for the job. If you do tell the employer you are pregnant at interview and are not offered the job because of this then this will be pregnancy discrimination.

niomi · Member Joined: 09 Oct 2012 Posts: 66

Thank you both for the replies. @manci, do you have any tips for dealing with this?

It seems like the hard part would be proving it is the pregnancy that deterred them from hiring a person.

And anyway, by the time I get to the point where I am pointing fingers - the company would not like me and would not want to hire me anyway.

So I guess I am asking: how do I tactfully use this information that it is discrimination to my benefit, with the goal of obtaining a job?

niomi · Member Joined: 09 Oct 2012 Posts: 66

Another recruiter today asked me to come in, spoke with me for two minutes, then decided there was no reason for me to be there because of my visa status. Does anyone have any advice for what I can do to find a job that will sponsor me?

Lucapooka · Guru Joined: 14 Aug 2011 Posts: 6583 Location: Brasil

Depends on the situation. Unless you have a rare of exceptional talent, and the company is already registered as a Tier 2 sponsor, it's going to be very difficult to convince small or even medium-sized employers to do all the work that is necessary to register as a sponsor, and then wait for approval, when they can simply call the job center and get someone with the same skills immediately, without all the onerous bureaucracy. I can't imagine anyone choosing to put themselves through this process unless it was absolutely necessary. If you are PSW, consider applying for Tier 1 (Ent).