Tier 2 visa breach

[Slotfloppies]

The employer i am currently working for on a tier 2 Visa has been lying about other applicants and employing them as shortage/eligible workers however , when they arrive they are put into a completely different department that is not eligible.

if i report them , and my employer loses their sponsorship license, am i able to remain as i am in the job i applied for and it is still currently on the shortage list? would i lose my visa status too because of my employer that is using a loophole to get workers into the country, and then once they are in changes their work role


For example

being employed via immigration to teach Science as its on the shortage list however, employed on the books as a full time English teacher instead.

[Zerubbabel]

Hello

Try to find another sponsor asap if you can.

As this sponsor is not respecting the terms of his license, he is liable to lose it any time. That would cause the curtailment of the visas of all workers sponsored under that license. You will get merely 60 days to find another employer or leave the UK.

https://www.gov.uk/employee-lose-sponsor-licence

If your report the employer, you will just accelerate everything.

[Slotfloppies]

i currently only have a year left on my visa before i can apply for ILR.


i was under the impression that the license would be taken away and the workers in question would have their visa's revoked, and that those currently working at the premises lawfully would be able to continue to do so.


would every single member of staff have their visas revoked?

[Zerubbabel]

No, all of them. Even the ones working legally.

When a sponsor loses its license, all employees under that license lose their visa. So even if the license is revoked because a single employee was hired in breach, all other employees are affected by the loss of the license.

[Slotfloppies]

Thank you, i'll seek alternative employment in the meantime and then report.


who do i report the breach to?

[Slotfloppies]

also.

would those who have been breaching their contract lose their visas , or will they be able to seek alternative employment first.

[Zerubbabel]

also.

would those who have been breaching their contract lose their visas , or will they be able to seek alternative employment first.

The report is to be made to the Home Office much as much relevant details as possible. That would probably trigger an audit at one point. They may suspend the license if they find blatant and systematic abuse of the system.

However, you would cause a disaster in your life and the lives of all people working on Tier 2. The Home Office won't give any window of opportunity. You will have a time to find a job while waiting for the curtailment letter but in this Covid days, I suspect that most people won't find a job and would have to leave.