If I'm on a perm. contract, is HR obligated to extend visa?

I'm due to have my work visa extended one last time before qualifying for ILR. However, I am on a permanent contract. Because of this, is my boss obligated to try and renew my visa or can he say, I'm not going to renew your visa and that is that. If this was the case, would this be unfair dismisal. I've never been written up and have always had good observations.

What immigration category are you currently under?

Do you need your employer to issue a Certificate of Sponsorship so you can extend your leave under Tier 2?

Yes, I will. I fall under Tier 2

Tier 2 sponsorship and a visa are two different things!

There is no obligation for the employer to try and renew an employee's visa unless the terms and conditions of employment include a clause to the effect that the employer will be responsible for cost and effort to ensure that an employee is granted leave to enter/remain while the individual is employed by the organisation.

On the other hand, just as a "permanent" employee can be dismissed / made redundant / asked to leave, an employer may refuse to extend Tier 2 sponsorship for a "permanent" non-EEA employee. This said, if your performance at workplace is not an issue and you remain a "valued" employee, I do not see why an employer would not extend your sponsorship - unless there are "internal" constraints (i.e. - reduce workforce, restructuring, dept. / unit / job being made redundant etc.).

Also do note that there are many organisations in this world who (try to, to the best of their ability,) make sure that their non-EEA (Tier 2 sponsored) employees in the UK are relocated to home base / offices in other countries before they become eligible for settlement in the UK.


regards

sushdmehta wrote: Also do note that there are many organisations in this world who (try to, to the best of their ability,) make sure that their non-EEA (Tier 2 sponsored) employees in the UK are relocated to home base / offices in other countries before they become eligible for settlement in the UK.
regards

Hi Sushd - Can you please elaborate this statement. Is this due to personal experience or anecdotal quotes. The reason that I am asking this question is because - I think I am getting a similar vibes from my company and I can't decipher the reason behind it.

-Mayan

It is a universal fact - such organisations exist.

My statement is based on information / knowledge in the matter rather than "experience".


regards