Urgent - Employer Cancelled my Tier 2 COS while I was on HOL

[flyhigh321]

I need urgent help in the matter.

I am on Tier 2 (G) visa with 18months left on visa. My employer terminated my contract while I am away on holidays (breach of contract ).

Now can i return to UK with same visa or would the UKBA staff will know that even though the visa is valid but its been cancelled?

Urgent help needed. thanks

[physicskate]

I need urgent help in the matter.

I am on Tier 2 (G) visa with 18months left on visa. My employer terminated my contract while I am away on holidays (breach of contract ).

Now can i return to UK with same visa or would the UKBA staff will know that even though the visa is valid but its been cancelled?

Urgent help needed. thanks

Just to clarify - did they breach the contract of did you?

[flyhigh321]

According to email I received, it says I breached the contract. as this point I am not sure the clause in my contract because I dont have the copy with me but i will have it in next 3 days.

[flyhigh321]

anyone ? I just need to know if its ok to go back and not being stopped at airport by UKBA ?

[manci]

in order to answer your question one would need to see the whole email in which they terminated your contract.

Have they given you notice and if so how much? What is the date of termination?

[flyhigh321]

in order to answer your question one would need to see the whole email in which they terminated your contract.

Have they given you notice and if so how much? What is the date of termination?

Effecting immediately the contract is terminated. And I'm advised to contact UKBA if I have any query regarding COS being cancelled.

I dont want to contact UKBA and tell them that my COS is cancelled and all ..
what are the possible solutions?

[Gagan1986]

in order to answer your question one would need to see the whole email in which they terminated your contract.

Have they given you notice and if so how much? What is the date of termination?

Effecting immediately the contract is terminated. And I'm advised to contact UKBA if I have any query regarding COS being cancelled.

I dont want to contact UKBA and tell them that my COS is cancelled and all ..
what are the possible solutions?

It depends how they have notified UKBA. Mostly if it's done by post, UKBA don't act on it immediately and it takes time for the curtailment of the visa to be updated on their system.

[manci]

According to email I received, it says I breached the contract. as this point I am not sure the clause in my contract because I dont have the copy with me but i will have it in next 3 days.

What are the provisions of the employment contract witrh regard to termination by summary dismissal? In case of summary dismissal how do they have to communicate it. e.g. is email alowed or do they have to do it by letter?

The relevance of this is that you are only supposed to enter the UK on your current visa while the purpose for which it has been granted, i.e. employment by the sponsor, still exists.

If the termination has been unlawful, or it has not been communicated to you in a manner prescribed by the contract, you can claim still to be employed and therefore travel to the UK on your visa. If, however, the employment has been lawfully terminated then the visa is no longer valid for travel.

However, at a practical level, and as Gagan1986 pointed out, the process is quite protracted. Once the employer notifies UKBA of the termination, and after 28 days of having received the notification, UKBA will curtail the visa to 60 days counted friom the date of the decision to curtail. It is not known whether in your case there has just been the normal notification process or whether there have been some special circumstances connected with the reason for the ternmination which have also been communicated to UKBA.

It is not possible to give definitive advice without sight of all the relevant documents.

IMHO if you have been dismissed while on holiday abroad you should be allowed to return to the UK to wind up your affairs and possibly look for another job under T2. Unless there are some very special circumstances in your case of which UKBA have been informed the IO at the UK border should allow you to enter the UK but be prepared to make your case and have all relevant documents to hand.