urgent query regarding t2 sponsirship

[employer1234]

Hi, im hoping someone here can help. I currently employ someone who's applied for a t2 visa ( a few days before their post study visa ran out) the application process has taken over a year so far.

The problem is the visa application was sponsored by her original employer before she came to us. As a business we can not sponsor a new application.

Can she continue to work for us despite us knowing when the visa is given it will not really be valid as we're in a different field from her origional sponsor anyway.

Should someone from the previous sponsor inform the home office of the change of job or does the applicant need to do this.

Any help would be greatly appreciated.

[tckraju]

You have answered the question. If you cannot sponsor, you cannot employ.

[employer1234]

You have answered the question. If you cannot sponsor, you cannot employ.

I thought it would be something like that. They were transferred to my dept recently. They are currently suspended on full pay pending an investigation. They believe they have the right to work as their application for a t2 visa was placed before the expiry of their previous post study visa.

they understand we can not sponsor. And I understand the sponsor on the application is invalid as they no longer work for that employer. Do I have to give them notice or is it summary dismissal?

[tckraju]

First of all you should not have employed them without a valid proof of work. You cannot give them notice as they will still be working for you which is illegal. It would be a straight dismissal giving them a document stating the reason for dismissal and giving them resonable time and stating that you can re-employ them if he/she proves their right to work.

[employer1234]

Thank you very much for the advice. I've already started diwn the disiplinary path with this in mind.

My HR partner says that as they were employed part time when on the post study visa it is only now that they've left the their other employer and joined us full time that it has become an issue.

Thank you again for the advice - this area seems to be a minefield of information