Urgent Help!

[brij_74]

Hi, I recently moved to UK on a Tier 2 ICT Long Term Staff category visa along with my family... Now after 2 months my employer wants me to go back as the project I was called in has run into funding issues from client site and is not moving...Moving back at such a short notice is not difficult for me as I have taken my kids out of school and have got them admitted here...Had a 1 year Lease and have bought furniture and Appliance etc in addition to selling off a lot of stuff while wrapping up thing in India... I was also here on a Business Visa for six months in Dec 2010 and discovered that my employer was invoicing the client heavily for the work I was doing at the client site which looks illegal to me...Please advice what sort of legal remorse I have if any...Help needed urgently and if I can be referred to a legal counsel will be greatly appreciated....

Thanks

[Lucapooka]

If you want to remain in the UK you'll have to find a Tier 2 sponsor or switch into another category. Whether you have a right to financial compensation in this matter would depend on the terms of your employment contract. One would expect that they cover the full costs of your re-location back to the Indian office and any loss incurred by your move to the UK.

The fact that your time in the UK was charged to the client may or may not be an issue if your tasks fall into the categories permitted for business visits.

http://www.ukba.homeoffice.gov.uk/visit ... svisitors/

[brij_74]

Thanks for your advice Lucapooka... I have checked the list of tasks permitted for Business Category and feel that mine does not fit in with the criteria... As I was actually working for the client...delivering outputs for them and one of the sheer reasons why my employer was forced to sponsor me as Tier 2 (ICT) was that they could not have me on business visa doing that kind of work...Also would like to know that what others categories can I switch to..
Thanks for help...
Cheers...

[mulderpf]

So you are just proving that you were in breach of your business visa conditions. The visa was issued to you and you had to abide by the laws, not your company. By proving that the work you were doing was illegal has nothing to do with your employer, as it was you who did the work (they are allowed to invoice anyone they like - they are not subject to visa restrictions).

I am a bit perplexed at the fact that on an ICT visa you seem to have pretty much emigrated from your home country (and quite quickly too). Other than taking this up with your employer with regards to the cost and the inconvenience of having to move again, there isn't much you can do in terms of UK law. From everything you mentioned, your employer is perfectly in line in terms of what they are allowed to do, the only issue here is that you are inconvenienced.