Post
by Frontier Mole » Sat Oct 15, 2016 1:58 pm
The issue for Tier 2 / 5 employees is that a Sponsor can stop sponsoring you at any point thus ending your employment for the simple lack of having the right to work. They don't have to give a reason to UKVI, they can just withdraw their sponsorship and thereafter the visa will be curtailed ceasing your right to work.
Some employers have used / taken this option as it is a method of ensuring they can let the employee go without any recourse by the employee to an Employment Tribunal. An ET does not have the right to impose a sanction on an employer to issue a COS, maintain their licence or meet the needs for a future extension e.g. Increase the salary to meet the visa conditions.
So on paper Tier 2/5 employees have the same rights as UK/EEA staff however those rights are diminished in real terms as there is the option to make an individual unemployable by virtu of the loss of sponsorship.