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Need help as new sponsored employer withdraw offer

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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vrastogi
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Need help as new sponsored employer withdraw offer

Post by vrastogi » Sat Sep 24, 2022 4:17 pm

Hi Sir,

Good morning.
I am in a strange situation.

1:- I am working on skilled worker visa which is valid till 2026 and sponsored by my current
employer (C1).
2:- I got a new job in company (C2) . They sponsored me and new visa is valid till 2024.
3:- I resigned from my current employer (C1) and serving a notice of 1 month.
4:- Now 1 week is left to join the new job company (C2) and got a call from new company(C2) that
they are withdrawing the offer due to some management decision and going to inform HMRC as
the position is not valid now.
5:- No option left; I requested my current employer (C1) to extend my notice period with 1 more
month. So, I can get sometime to get another job.

I have few questions
1:- My which visa is going to be valid once company C2 inform the HMRC?
2:- I can still work with my current employer(C1) for extended period as I never joined the
company C2?
3:- When the 60 days’ time frame start to search for new job, is it when C2 will inform HMRC or C1?
4:- Can I take any legal action against employer C2 as it should be well informed?

Please help me on it will be great help. Please let me know if anything is unclear.
Regards,

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CR001
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Re: Need help as new sponsored employer withdraw offer

Post by CR001 » Sat Sep 24, 2022 4:52 pm

1. Your visa with company C1 is no longer valid and has been cancelled when a new visa was granted. Once C2 informs UKVI (not HMRC), your new current visa will likely be curtailed.

2. No, as you don't have a valid visa to work for them anymore.

3. When UKVI (not HMRC) send you a curtailment letter.

4. Depends what your employment terms and conditions are. This is not an immigration issue.
Char (CR001 not Casa)
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vrastogi
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Re: Need help as new sponsored employer withdraw offer

Post by vrastogi » Sat Sep 24, 2022 5:39 pm

Thanks a lot @CR001 for your reply.

Please let me know if there any way to appeal to get more time in curtailment letter as I think by default it is 60 days and if yes, please let me know the process or any link.

Regards,

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CR001
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Re: Need help as new sponsored employer withdraw offer

Post by CR001 » Sat Sep 24, 2022 6:12 pm

No there is not. Once you get the letter,which can take a while,you have only 60 days to either make a new application or leave the UK.

Note that once you have left your C1 employer, you are not permitted to do any work at all.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

vrastogi
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Re: Need help as new sponsored employer withdraw offer

Post by vrastogi » Sat Sep 24, 2022 7:00 pm

Thanks a lot @CR001 for your time and reply.

I have not left my current employer C1. I am currently serving the notice period.
I am suppose to join new employer(C2) in first week of next month. As C2 withdrawn the offer. I request my current employer C1 to extend my notice period by month which they agree.

So I am not sure about working next month with C1 ? or it fully depends upon the joining date of C2 which will make the C1 visa void? Should I request C2 to extended my virtual joining by one more month ?

Thanks and Regards,

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CR001
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Re: Need help as new sponsored employer withdraw offer

Post by CR001 » Sat Sep 24, 2022 7:14 pm

Your C1 visa has already been cancelled and is void since your C2 visa was granted.

Note that as C2 has withdrawn the offer, they will report the withdrawal of your visa sponsorship to ukvi through the SMS system almost immediately.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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vrastogi
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Re: Need help as new sponsored employer withdraw offer

Post by vrastogi » Wed Oct 05, 2022 9:00 am

Hi,

Good morning.
Thanks a lot @CR001. Need one more information.
I am on tier 2 skilled worker visa and looking for job.
Please let me know is it possible to opt for a contractor job for 6 months and if the company is ready to provide the cos letter ?
If yes, I should opt for role related to inside IR35 or outside IR35?

Thanks & Regards,

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