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Can a sponsor withdraw / cancel the CoS for any reason?

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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barbie1
Junior Member
Posts: 79
Joined: Thu May 05, 2011 11:52 am

Can a sponsor withdraw / cancel the CoS for any reason?

Post by barbie1 » Tue Jul 03, 2012 3:13 pm

I know this can be cancelled if you choose to work for another sponsor or the same one in a different position and so on, but while you're still happily working for your sponsor AND YOUR COS WAS PROPERLY ISSUED in the first place , could the sponsor withdraw this without stating any reason even after they've agreed to issue you with one and you are working for them on Tier2? I know this is very unlikely but was curious if there are any laws/ rules that regulate this?

P.S. this is NOT a question of whether it happens if the sponsor's license is suspended or withdrawn

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Tue Jul 03, 2012 7:22 pm

They can sack you or make you redundant subject only to your employment contract and UK employment law and without reference to your CoS.

barbie1
Junior Member
Posts: 79
Joined: Thu May 05, 2011 11:52 am

Post by barbie1 » Tue Jul 03, 2012 8:15 pm

manci wrote:They can sack you or make you redundant subject only to your employment contract and UK employment law and without reference to your CoS.
I know how they can sack you or make you redundant but let's say someone comes along who doesn't like you so instead of unlawful discrimination they decide they cannot sponsor you anymore however if you find some other way to stay in the country (most likely not many can) then they are going to have to leave the job.

This is the type of improvised situation I was enquiring about. Simply can the CoS be withdrawn by the sponsor at any time non related to any change in your employment? Is there any rule for this even? Or can they do as they wish?

geriatrix
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Post by geriatrix » Wed Jul 04, 2012 12:24 am

When an application has been decided upon, a "CoS" becomes used and redundant. Hence the question - "can a CoS be cancelled / withdrawn" is conceptually wrong.

Whether an employer can terminate your sponsorship / employment or not (for any reason, including those referred to in posts above) is not an immigration matter but a labour issue and dependent on the employment terms and conditions. If a sponsor terminates a sponsorship / employment or refuses to renew sponsorship at the end of your current leave, and you have reasons to believe that the termination is unlawful, it is the employment tribunal you need to get in touch with.

Do you think that by issuing a CoS or sponsoring an employee an employer has less number of excuses to bank on in order to fire a sponsored employee at a later date? No.
Life isn't fair, but you can be!

barbie1
Junior Member
Posts: 79
Joined: Thu May 05, 2011 11:52 am

Post by barbie1 » Wed Jul 04, 2012 9:48 am

sushdmehta wrote:
Whether an employer can terminate your sponsorship / employment or not (for any reason, including those referred to in posts above) is not an immigration matter but a labour issue and dependent on the employment terms and conditions.
Sponsorship does not equal employment, I meant standing as a sponsor for a visa. I guess my question doesn't make much sense to you but it was along the lines of everything being fine at work but the employer decides they cannot sponsor to stay in the country after 1 year, so you are going to have to find another way to do so if you want to keep working for them even though say you've been granted with a 3 year tier2 to work for them. Thanks for taking the time to answer to my nonsense :)

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Wed Jul 04, 2012 10:15 am

I think you should have phrased your question along the lines of "Can my employer sack me using the excuse of withdrawing sponsorship?"

Sushdmehta provided the answer.

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