Unfair Dismissal?

[wellsfargo]

Can my current employer who is currently sponsoring my Tier 2 visa dismiss me should they refuse to act as my sponsor and extend my current Tier 2 visa? Or would this potentially be an unfair-dismissal case? And if this could be an unfair-dismissal case, would I be able to remain in the UK to file the unfair-dismissal complaint after my current Tier 2 visa expires?

And specifically regarding another scenario, if I put in an application to switch to another visa category (e.g. unmarried partner) just before my current Tier 2 visa expires, while I am waiting for a response regarding the application after the Tier 2 visa expires, what would be my status be at that point in time?

Thanks!

[CR001]

Your sponsor can withdraw their sponsorship if they choose to. You should not overstay your visa, at any time, for any reason.

You could switch to an unmarried partner if you qualify. Is your partner British or has ILR and have you lived together in a relationship 'akin to marriage' for a minimum of 24 months with documentary evidence to prove it??

[Frontier Mole]

If your current Sponsor refuses to issue you a COS to extend your leave there is nothing that can be done to force them to issue it.
So remaining in the U.K. to carry on legal action is not going to be considered. At best you would qualify for a monetary sum in compensation as an employment tribunal can not instruct a business it issue a COS.

More interesting is the other route you are considering If you apply for the unmarried partner route your Sponsor can not prevent you from working for them while you await the decision. To terminate you in that period would constitute unfair dismissal if the only reason for do so was your awaited visa decision. As long as you apply before the expiry date of your current visa you are entitled to work under the conditions of your existing visa. Referred to as 3c leave.

[wellsfargo]

Thank you for the responses.

Hope my Tier 2 gets renewed soon as my employer had said. Just wanted to make sure I understand what my options if my Tier 2 visa does not get extended. Sounds like I should apply to switch as soon as possible in any case.

[CR001]

Sounds like I should apply to switch as soon as possible in any case.

What is your partners immigration status?
How long have you lived with your partner in a 'relationship akin to marriage'?

[wellsfargo]

Partner is a British citizen, we have been living together since 2014.

[CR001]

If you have documentary evidence proving this, you can apply for an unmarried partner visa, provided you have lived together for a minimum of 24 months. There is no flexibility or discretion on this requirement. You can apply in person for a same day decision too.