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Tier 2 Visa- Resignation and Rights

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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tm50
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Tier 2 Visa- Resignation and Rights

Post by tm50 » Thu Oct 19, 2017 4:16 pm

Hi there.... My partner and I were transferred from the US on a Tier 2 VISA to our UK office. We are approaching 18 months (the end of our pre-agreed commitment to the transfer), and she is getting pressure to resign from a new boss 1 month into the business. We have both been at the company for a number of years, and indicated prior to this newly applied pressure, that we are trying to relocate back to the states and home office at the end of the commitment. I have been offered another role to relocate back, but we are concerned about our rights to relocation if she is fired or pressured inappropriately to resign.

Is the company obligated to relocate us if we satisfy the commitment we set out at the beginning of the relocation? Can anyone suggest any material we could read up on to prepare for conversations? Just want to protect ourselves as we feel this pressure is unwarranted and unlawful, considering there have been nothing but stellar manager reviews and performance reports to date. Thanks in advance for any guidance!

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CR001
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Re: Tier 2 Visa- Resignation and Rights

Post by CR001 » Thu Oct 19, 2017 4:28 pm

Which category of Tier 2 do you and your spouse hold? Are either of your a dependent visa holder?

Your question is not really an immigration one. A sponsor can withdraw sponsorship if they choose to.
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tm50
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Re: Tier 2 Visa- Resignation and Rights

Post by tm50 » Thu Oct 19, 2017 4:31 pm

Thanks for your quick reply! Both are Tier 2 ICT Long Term. Neither are dependent visas as far as I am aware.

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CR001
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Re: Tier 2 Visa- Resignation and Rights

Post by CR001 » Thu Oct 19, 2017 4:33 pm

Then your employer can withdraw sponsorship without any reason. Have you spoken to HR??

Not so easy to just 'fire' people in the UK as in the USA and bullying someone into resigning is not a good idea either. You could contact ACAS for advice.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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tm50
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Re: Tier 2 Visa- Resignation and Rights

Post by tm50 » Thu Oct 19, 2017 4:41 pm

Yes filing with HR as well. Thanks for the tips... greatly appreciated!

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