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Sponsor canceled the job position after my visa application was successfully processed.

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

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Casimir
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Pakistan

Sponsor canceled the job position after my visa application was successfully processed.

Post by Casimir » Tue May 02, 2023 3:38 pm

I applied for my five year visa, based on a points system (I had 70 points). Paid both the IHS and application fees and my visa was approved.

However, the sponsor has informed me that the position I was going to fill has been cancelled due to budget cuts. There is a possibility that the post may be approved in the third or fourth quarter, depending on the company's financial performance. However, there is no guarantee, and they cannot provide me with a future joining date since they evaluate their finances and position every quarter.

Given that my visa on my passport will expire at the end of June 2023,I am unsure of what my options are. Can I choose to live in the UK on my own expense and wait for job confirmation in the second half of the year? Alternatively, Can I go to UK and look for another job with the same occupation code?

Job type: 2136 Programmers and software development professionals

mowaid
Junior Member
Posts: 73
Joined: Fri Nov 01, 2013 11:19 am
United Kingdom

Re: Sponsor canceled the job position after my visa application was successfully processed.

Post by mowaid » Tue May 02, 2023 9:34 pm

Best thing will be to travel to UK and get your BRP card so than you will have long time to decide what todo you can find new job or can wait for this job as well. I don't know how come your company is saying that they have to delay or cancel the job because they need to Pay taxes etc until they will have you on there file. until unless they inform home office that you are not on there payroll. best option is to goto UK secure BRP and find a new employer meanwhile if they called you then you can join them.

Waseem432000
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Joined: Fri May 11, 2018 12:50 pm
Mood:
United Kingdom

Re: Sponsor canceled the job position after my visa application was successfully processed.

Post by Waseem432000 » Tue May 02, 2023 10:31 pm

First of all, it’s absolutely awful situation to be in. You have paid visa fees plus IHS and for 5 years, that would be over £4000 which is a lot of money plus you probably left a well paid job to make this move so the whole situation is unfortunate to say the least.

I am not sure if your employer has already informed HO and how quickly they update their system but in worst case, immigration won’t let you in if your employer has informed HO and they have already updated their records.

I would suggest the same thing as the comment above mine. Try and get in to collect your BRP and once you collect it, you can start looking for jobs with companies that sponsor programmers.

The only good thing in your favour is that your field is quite in demand and as long as you work in a mainstream tech stack ( Python, Java, .Net, Node or react), you will have very good chances to secure another job and sponsor if you are already in the country.

Wish you all the best

lolo2
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Posts: 1123
Joined: Thu Oct 24, 2019 8:14 pm
Venezuela

Re: Sponsor canceled the job position after my visa application was successfully processed.

Post by lolo2 » Wed May 03, 2023 10:42 am

This is a very unfortunate situation, but I don't think that travelling to the UK after the sponsor withdrawal of sponsorship would be the best idea.

Others can correct me if that's not the case, but I suspect this works the same way as if the OP was already in the UK. The sponsor must inform UKVI their cancellation of sponsorship.

The border officer at the port of entry will certainly ask their intentions in the UK/place of work and once they check in their system, will see that the sponsorship was cancelled and likely will deny the entry, no matter the visa vignette is still valid.

Again, others can comment on this.

Casimir
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Pakistan

Re: Sponsor canceled the job position after my visa application was successfully processed.

Post by Casimir » Wed May 03, 2023 7:03 pm

lolo2 wrote:
Wed May 03, 2023 10:42 am
This is a very unfortunate situation, but I don't think that travelling to the UK after the sponsor withdrawal of sponsorship would be the best idea.

Others can correct me if that's not the case, but I suspect this works the same way as if the OP was already in the UK. The sponsor must inform UKVI their cancellation of sponsorship.

The border officer at the port of entry will certainly ask their intentions in the UK/place of work and once they check in their system, will see that the sponsorship was cancelled and likely will deny the entry, no matter the visa vignette is still valid.

Again, others can comment on this.
I was thinking the same thing. I just received the visa on my passport two weeks ago, I don't know if the sponsor has informed UKVI yet and will there be any legal implications if I travel to UK knowing that the position has been canceled.

Also if I don't go to UK and visa vignette expires will this effect my visa process negatively in the future, as this is not my fault?

AmazonianX
Respected Guru
Posts: 8127
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: Sponsor canceled the job position after my visa application was successfully processed.

Post by AmazonianX » Wed May 03, 2023 7:24 pm

Casimir wrote:
Wed May 03, 2023 7:03 pm
lolo2 wrote:
Wed May 03, 2023 10:42 am
This is a very unfortunate situation, but I don't think that travelling to the UK after the sponsor withdrawal of sponsorship would be the best idea.

Others can correct me if that's not the case, but I suspect this works the same way as if the OP was already in the UK. The sponsor must inform UKVI their cancellation of sponsorship.

The border officer at the port of entry will certainly ask their intentions in the UK/place of work and once they check in their system, will see that the sponsorship was cancelled and likely will deny the entry, no matter the visa vignette is still valid.

Again, others can comment on this.
I was thinking the same thing. I just received the visa on my passport two weeks ago, I don't know if the sponsor has informed UKVI yet and will there be any legal implications if I travel to UK knowing that the position has been canceled.

Also if I don't go to UK and visa vignette expires will this effect my visa process negatively in the future, as this is not my fault? No, it will not. Whenever you apply you could state reason why an initially granted visa was not used.

lolo2
Diamond Member
Posts: 1123
Joined: Thu Oct 24, 2019 8:14 pm
Venezuela

Re: Sponsor canceled the job position after my visa application was successfully processed.

Post by lolo2 » Thu May 04, 2023 1:50 pm

Casimir wrote:
Wed May 03, 2023 7:03 pm
lolo2 wrote:
Wed May 03, 2023 10:42 am
This is a very unfortunate situation, but I don't think that travelling to the UK after the sponsor withdrawal of sponsorship would be the best idea.

Others can correct me if that's not the case, but I suspect this works the same way as if the OP was already in the UK. The sponsor must inform UKVI their cancellation of sponsorship.

The border officer at the port of entry will certainly ask their intentions in the UK/place of work and once they check in their system, will see that the sponsorship was cancelled and likely will deny the entry, no matter the visa vignette is still valid.

Again, others can comment on this.
I was thinking the same thing. I just received the visa on my passport two weeks ago, I don't know if the sponsor has informed UKVI yet and will there be any legal implications if I travel to UK knowing that the position has been canceled.

Also if I don't go to UK and visa vignette expires will this effect my visa process negatively in the future, as this is not my fault?
You shouldn't be wondering whether the sponsor already informed UKVI or not in order to attempt entering the UK, that would be a very risky (and I would say irresponsible) move. Their responsibility is informing you about the cancellation as they already did. They also have a legal obligation to inform UKVI within a specific time frame but they aren't obliged to inform you when this occur.

I understand the frustration and can't sympathize more with your situation but these things happen and there is not much that we as applicants can do. I've been in a - kind of - similar situation in the past. I would suggest keep applying for jobs (IT professionals are one of the most demanded), and hopefully you'll be eligible for a partial refund of the money paid.

This situation should not have any negative impact on any future application.

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Frontier Mole
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Joined: Tue May 06, 2008 12:03 am
European Union

Re: Sponsor canceled the job position after my visa application was successfully processed.

Post by Frontier Mole » Thu May 04, 2023 11:33 pm

I very strongly advise you to not travel to the UK using your travel vignette. There is an extremely high chance that when you arrive you will be turned around at the border and gain nothing but a blighted immigration record that will impact any further legal attempts to work in the UK as well as the many countries the UK shares immigration refusals with.

Can I ask a question - did you pay an agent or the Sponsor any money for the COS to be issued. There is a scam where an amount of money is paid by the prospective employee prior to the COS being issued, then once the COS is issued the Sponsor either cancels the COS or in your case defers the work start date so you never actually arrive.

razergd1
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Posts: 262
Joined: Tue Oct 18, 2022 10:51 pm
Israel

Re: Sponsor canceled the job position after my visa application was successfully processed.

Post by razergd1 » Mon May 08, 2023 9:09 pm

TBH, this sounds very bad position to be in. I suggest you ask the sponsor to reimburse you for your expanses.
You can also check if you can at least get an IHS refund though the guidance says that if the employee does not come to the UK there is no entitlement. On the other hand your case might be unique as the employer withdrew the sponsorship.
If non of this works you can either go to court with the sponsor or try the press... This is clearly unfair treatment.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.
I take no responsibility for following them.

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