Urgent - Declining an accepted job offer - Tier 2 issue?

[mansourr61]

Hi All,

Currently I am on Tier 4 student visa in the UK which expires in Jan 2015.

I have had two job offers from two different hospitals and since I was not sure by which one I can definitely switch to Tier 2 and I did not have enough time, I decided to carry on with the pre-emplacement checks for both job offers.

I am going to Home Office this week to apply for Tier 2 visa based on one of the jobs and if it goes fine, I will have to decline the other one. However the pre-employment process of the other job is also completed now and they have asked me to apply for visa too.

How should I proceed with declining one of them? If I successfully get a Tier 2 visa with the first job, can declining the other job, which I have accepted it in first place, cause any problem for my visa?

Many thanks for your replies.

Regards

[manci]

see para 23.26
https://www.gov.uk/government/uploads/s ... _11-14.pdf

[mansourr61]

Many thanks for your reply "manci",

One of the employers has already assigned a CoS for me and i am going to home office tomorrow for Tier 2 application based on that CoS.

The other employer, has completed my pre-employment checks but has not assigned a CoS yet.

My problem is that, If my Tier 2 application is successful tomorrow, I will have to decline the other job offer. I am a bit worried that if I tell the other employer that I want to decline their offer (after accepting it), they might not be happy with that and want to contact Home Office regarding that and it may cause issues for my Tier 2 application.

Does declining an accepted (conditional) offer by the employee provide any ground for the employer to sue the employee? and cause problem for their visa?

[physicskate]

Many thanks for your reply "manci",

One of the employers has already assigned a CoS for me and i am going to home office tomorrow for Tier 2 application based on that CoS.

The other employer, has completed my pre-employment checks but has not assigned a CoS yet.

My problem is that, If my Tier 2 application is successful tomorrow, I will have to decline the other job offer. I am a bit worried that if I tell the other employer that I want to decline their offer (after accepting it), they might not be happy with that and want to contact Home Office regarding that and it may cause issues for my Tier 2 application.

Does declining an accepted (conditional) offer by the employee provide any ground for the employer to sue the employee? and cause problem for their visa?

Employment law is separate from immigration law. A verbal contract is legally binding - your employer you decline might be annoyed with you and they might make your name mud in some circles, but this is totally separate from immigration law and cannot have any impact on your visa.

They could sue you, but that is unlikely for an entry level position. Again, this has nothing what-so-ever to do with your current visa. In theory, it could have an impact on a theoretical future citizenship application based on good character. No one can reassure or predict what will happen....

[mansourr61]

Thanks for your rely "physicskate"

[Frontier Mole]

If it was a NHS position don't worry about it. They have this all the time, they are not in the business of sueing. In fact if you are up front and say you are going to another NHS hospital then then will probably wish you luck.

[kashish]

see para 23.26
https://www.gov.uk/government/uploads/s ... _11-14.pdf

Hi Manci , would you be kind enough to confirm my understanding please?
Are we saying that if a restricted COS is assigned by an employer and has not been yet used by the candidate to file his visa application, another employer wont be able to issue a restricted COS using SMS till the point where the previous COS is cancelled or expired?

[manci]

yes, that is correct as per para 23.26 in the sponsor guidance, link above

[kashish]

yes, that is correct as per para 23.26 in the sponsor guidance, link above

Thank You so much for the confirmation Manci. I further had two queries would be great if you could please shed some light over them too:

1> Is english assesment required for Tier 2 General dependent? (I could not find any text in UKBA document list saying it is required)

2> One of the requirement for new entrant Tier 2 visa is TB test, is it possible to get that done in UK itself and use that in india while applying for visa? Or it has to be done from the country where u r applying visa from? (I have been in UK for lil less than 2 years nw)

Thanks

[manci]

yes, that is correct as per para 23.26 in the sponsor guidance, link above

Thank You so much for the confirmation Manci. I further had two queries would be great if you could please shed some light over them too:

1> Is english assesment required for Tier 2 General dependent? (I could not find any text in UKBA document list saying it is required)
not required, that's why you couldn't reference to it

2> One of the requirement for new entrant Tier 2 visa is TB test, is it possible to get that done in UK itself and use that in india while applying for visa? Or it has to be done from the country where u r applying visa from? (I have been in UK for lil less than 2 years nw)
no, you have to go to one of authorised establishments listed here:
https://www.gov.uk/government/uploads/s ... MASTER.pdf
Thanks

[kashish]

yes, that is correct as per para 23.26 in the sponsor guidance, link above

Thank You so much for the confirmation Manci. I further had two queries would be great if you could please shed some light over them too:

1> Is english assesment required for Tier 2 General dependent? (I could not find any text in UKBA document list saying it is required)
not required, that's why you couldn't reference to it

2> One of the requirement for new entrant Tier 2 visa is TB test, is it possible to get that done in UK itself and use that in india while applying for visa? Or it has to be done from the country where u r applying visa from? (I have been in UK for lil less than 2 years nw)
no, you have to go to one of authorised establishments listed here:
https://www.gov.uk/government/uploads/s ... MASTER.pdf
Thanks

Thanks Manci. One more question,
For new entrant Tier 2 General application, Are both NARIC UK English assessment certificate and comparability certificate required or is english assessment certificate alone sufficient?

Thanks