Need assistance with my current visa

[shilpabasu]

I am currently working with a civil Organisation that has sponsored my visa in Dec 2013. My visa was renewed in Jan 2016 for another 2 years. Today, I was told that my visa needs to be revoked because of following reasons:
1. My designation is HEO (Higher Executive Officer). And UKBA has told them that they can't sponsor for a particular designation.
2. I was on ICT Dependant Visa till August 2013 and then switched to Tier 2 General Visa (primary applicant), from outside UK, so I can't be moved from Dependant to General Visa category.
3. They have told me that even if I want to change role within company, they need to do labour market test again.

Can someone please advise? Its really urgent as they have told me that the CoS can be revoke as soon as next week.

[Frontier Mole]

Has your employer had their licence revoked?

[shilpabasu]

It hasn't been revoked.

[Frontier Mole]

Then I am struggling understand what is happening here.
Your visa would have to be curtailed by some means and unless the licence gets revoked there is no means to curtail it.

[shilpabasu]

Exactly, even I am trying to understand the same. They are saying that if they won't fire me, their license will get revoked. But my question is, if there was anything wrong with my application, I shouldn't have got the visa in the first place let alone extension.

I am thinking, this is an unlawful dismissal. Can I take any legal action based on the reasons those have been provided to me?

[Frontier Mole]

Your HR people are talking nonsense. UKVI do not ever state that. The licence is revoked based on the actual issues and is not salvaged because they dismiss an individual to retrospectively deal with Sponsor licence duty failures.

Are you in a CS department? Then there is zero chance the licence will be revoked... Never happens

[Frontier Mole]

As for dismissal... If you are in a CS Department.... No chance of them dismissing you without a massive payoff. Two years salary minimum...

Talk to your union rep, please tell me you are a member!

As for grant or visa and subsequent extension, given who your employer is as in CS, then it would have been accepted as being accurate and no reason to doubt the COS. It would have gone through with little scrutiny.

The responsibility is with the Sponsor to ensure the details / role/ salary etc met the SOC and they by issuing you a COS confirm that.

You are in no way to blame.

[noajthan]

I am currently working with a civil Organisation that has sponsored my visa in Dec 2013. My visa was renewed in Jan 2016 for another 2 years. Today, I was told that my visa needs to be revoked because of following reasons:
1. My designation is HEO (Higher Executive Officer). And UKBA has told them that they can't sponsor for a particular designation.
...

Sounds like constructive dismissal.

And tell HR that UKBA was abolished in 2013. Maybe they didn't get the memo.

[shilpabasu]

So, what can I do now? As they have given me a week's time, so what should be my course of action?

[Frontier Mole]

See my edited response above

[Frontier Mole]

any chance you can name the Department?

[shilpabasu]

Yes, I am member of a Union.

[Frontier Mole]

Do not resign
Ask for everything in writing
Withdrawing the COS does not curtail your visa only UKVI can do that
They can not terminate you on the basis they have withdrawn the COS
You still have a valid visa and the right to work
They will pressure you to resign or put you on gardening leave std HR tactics
Seek legal advice from your Union and if not a member an employment lawyer

[noajthan]

Members are reminded not to post any type of personal identifying information/contact details in what is a public forum.

A moderator may be contacted via PM in extreme cases.

[Frontier Mole]

Job done

[shilpabasu]

Further to this, what I have found out is my job is clearly mentioned as NQF6 but my office had allocated me a NQF4 SOC code. So, if they change SOC code now, will that mean they have to do a new labour market test or just issue me with a new CoS? I just want to know all the options before I talk to union tomorrow.

[Frontier Mole]

The HEO grade in the CS is below NQF6, solely considered as a grade and not as a role. Hence the issue.
If the role you perform is at NQF6 regardless of the grade you are then that gives you options BUT and this is a very big BUT:

Your employer has made a huge error in terms of Sponsorship duties by assigning the COS. That is not your fault and you should not suffer for it. Being a Government Department they should have known better.

The issue is in general terms they can't unpick what has happened and resolve it by issuing another COS and that suddenly makes the problem go away. It is the simplest solution but given the circumstances how can they undertake a RLMT when the outcome in reality already known. They have to offer you the job....

How this plays out is far from clear. They can't terminate your employment without a massive payout, they can't just issue a new COS either, you are employed as a grade in the CS so moving you to a role is not how it would normally work.

I suggest your employer comes up with solutions or offers you at least a two year compensation payout. They can't terminate you because they made the mistake and the threat of licence loss is an empty one.