Discrimination to withdraw the job offer due to Visa Status

Hi Everyone

I need an advice and guidance on a Job offer related matter.

1. My wife who is currently employed in a University (came to UK on PSW, when this ran out we made an application on 7 Year child rule which was refused by HO. We are awaiting for our appeal hearing now. Hence she is legal working in UK till the outcome of her appeal).

2. Last month she applied for a new position in a charity organisation, where she was shortlisted and interviewed. In her application she made very clear that she will need work permit if selected. She was informed by the head of panel interview on her mobile that she has been offered the job, however the manager had to speak to head of HR to work out how the work permit will be processed. Few days later the head of HR said they can not process the applications as the job has to be readvertised and my wife should reapply when its advertised again.

3. The job was readvertised few days ago and my wife reapplied. Today she called the concerned manager who said she should get in touch with HR. HR said that she has not been shortlisted as she should not have been offered the job in first place. Very oddly, they have not short listed her on this occassion. The HR lady said that they cannot offer her the position as they cannot prove that they are unable to find a good replacmenet within EU. She said bluntly that ''i dont know why you were offered the position in the first place bcos we found people suiting us who do not need a work permit''. Now our understanding is that they have not shortlisted her due to her visa status (which may or may not be true,).

Q1. Does this imply that having offered her the job first time and not even shortlisting her second time due to the current visa status constitutes discrimination.

Q2. She can legally work in UK till hearing of appeal. Does not offering her the job raises questions about their recruitment and election process.

Q3. Can we sue them on these grounds.

Any help and guidance would be greatly appreciated.

Q1: No

Q2: Dunno

Q3: No

The charity were correct that they are legally bound to advertise the vacancy and can only offer the position to someone who does not have permanent residency if there are no applications from qualifying permanent residents. Your wife doesn't have permanent residency. The following UKVI instructions to employers may help;
Advertising the job
You may need to advertise the job you’re offering if it’s not on the shortage occupation list.
You’ll need to advertise any job you offer to a worker in the following categories:
Tier 2 (General)
Tier 2 (Minister of Religion) or Tier 5 (Religious Workers) unless it’s a non-essential position or involves living within a religious order (eg as a monk or nun)
Tier 5 (Creative and Sporting) in the creative and entertainment sector, unless you can explain why the job can’t be done by a settled worker
The advert (known as the ‘resident labour market test’) makes sure that there are no suitable workers already living permanently in the UK. It must be a genuine vacancy.

#rsjjrsjj . Sad indeed to hear about your situation, very unfortunate indeed. You said you applied based on 7 years child concession and you were refused, could you kindly advise the period in between so far from the time you first put in an application based on the concession to date. I may may also ask if you are any where near your 10 years long stay? Have asked because I just want to have an idea on how long the whole process takes when the application has been rejected based 7 years concession because I may be going through the same route too, soon.

Thanks