UK Tier 2 (Employer Sponsored) visa without job offer

[BRP190206]

One of my friend was on Tier 2 General Dependant visa and due to some issues with his main applicant visa he requested for a sponsorship from his current employer where he was working as a contractor.

They gave him Tier 2 Restricted CoS with job start date as first week of June. He went to his country, applied for visa and returned to UK in 2nd week of June and collected the BRP.

From then on he is continuously chasing the employer for his offer letter and job start date. After almost 2½ months of wait they said to him that they will cancel the visa due to change in requirements. He was not even on payroll till now. He is in lot of distress with the financial loss he had to bear for getting the visa and and also career gap.

Could someone please let him know if an employer only gives a CoS and does not offer a job from day 1 entry to UK? How long can they not run the Payroll for the employee?

Does his 2 ½ months stay come under breach of immigration rules as he was not even on the employers payroll who sponsored?

Also help him how to claim his financial loss only with CoS there is not offer letter.

TIA

[Frontier Mole]

Your friend is essentially in a no win position.

A Sponsor can withdraw sponsorship at any point, there is no compulsion for them to keep employing an individual just because they were issued a visa. If he never started his employment in the first place that strengthens the argument. The employer will simply say he never turned up.

I suggest he tries to find another role and move to another Sponsor ASAP

If his current sponsor has informed UKVI about ceasing to Sponsor he will at some point receive a curtailment letter.

As for recovering any financial loss, hopeless case in my opinion.

[BRP190206]

Thank you so much for your advise.

I knew that the employer can withdraw sponsorship at anytime.

When he came to the country he made all his communications through email which proves that he turned up to them for employment. In one of the email communication they said that they are aiming for 15th Aug as Start date.

Also is it legal for employer to sponsor visa to an employee and then when he arrives in the country how long they cannot run the payroll or are they not having the responsibility to inform UKBA if he has not reported for continuous 10 working days which is beach of immigration rules.

[noajthan]

UKVI!!

[Frontier Mole]

If the sponsor states to UKVI that the individual never started that is all they have to do. UKVI does not consult with the employer or the employee as to the legality of the employment or the employment contract. UKVI will simply curtail the visa, end of.

Your friend has no legal recourse to do anything to recover costs or fees. The company will simply say the work was no longer there by the time he arrived. Hence they did not engage him. He has not actually worked for the firm and any promise to do so is solely that - a promise.

Having the visa is fairly meaningless in terms of employment law.