Tier 4 to Tier 2 General job terminated before joining

[keerthi_cit]

I completed my master's degree in Sep 2019 and got a job offer with Tier 2 General sponsorship last month with a joining date as 02-Mar-2020. I have now switched to Tier 2 General and got my new BRP. Now my employer is saying that they do not have this job role anymore and do not want me to join.
Do I still get 60 days to find a new sponsor?
If in case I find a new sponsor, do I have to pay the health surcharges for 3 years again?
Do I need to apply a new visa for my spouse as well?
Thank you.

[Zerubbabel]

Hello

Sorry for that

Employment can be terminated at any time and sometimes before you even work a single day. It happened to me in the past where before my start date, the company had very bad results and the CEO decided to freeze all hiring and terminate any contract that have been just signed. The hiring manager was really sorry for me but sometimes there are no options.

You have more than 60 days. The employer will inform the Home Office within 10 days. The Home Office will send you a curtailment letter giving you 60 days. But that letter may take months to come. If you search the forum about Tier 2 curtailment letters, you will see that they usually take a few months to be sent. So I don't think you will find it on the mail on Monday morning but you will get it at one point.

You need to start searching for a new sponsor asap. Interview and sponsorship cycles are rather slow. So you need to start immediately. The Resident Labour Market Test takes 28 days.

Don't work for any other employer with your BRP. You may only work for your sponsor.

[Expat2009]

Sorry to hear about your situation.

When I switched my Tier 2 sponsor, I did not have to reapply for my spouse's visa. So I don't think you have to, as long as it is still within validity date. You just re-applying for your own visa with a new sponsor details.

To answer your question about surcharge, because you don't have to re-apply for your wife, you'll save surcharge. Regarding your own surcharge, when you reapply for your visa, you'll have to pay the NHS surcharge again, inline with the duration of the visa. However, you might be able to reclaim the charge from your previous application, as your job/sponsorship has been cancelled due to circumstances beyond your control. I suggest you check the surcharge terms, as there are a few scenarios under which you can apply for a refund.

Good luck and try not to stress too much. I personally know people who were made redundant, but did manage to successfully find new sponsors and got visas sorted. Persistence is key!

[keerthi_cit]

Thank you very much for taking the time to answer my queries.
I have luckily been selected for another job which I was interviewed a while ago and they are ready to sponsor me for 2 years. I and my wife's current stay is for 3 years. After applying for a change of sponsor, my stay will become 2 years and my wife's will remain 3 years. In this case, should I reapply for my wife as well?