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Skilled Worker Visa - Change of jobs- Asked to return to home country

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

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

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jazz2021
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Skilled Worker Visa - Change of jobs- Asked to return to home country

Post by jazz2021 » Sun Mar 13, 2022 8:21 pm

Hi All,
A big thanks to all the moderators/members for extending help in such times.
I would like to be advised on my situation.
I have arrived in UK with my family on Skilled Worker Visa, Mid last year i.e. 2021. My sponsor company has offices in both my home country and UK, and I was employed with the home country office before travelling here. Now I have decided to resign since I am switching jobs in UK. But was asked to return to the home country citing that since they sponsored they should bring me back to the home country.
Therefore, I would like to ask:
1. Do I have the right to say No? Since I am employed with the UK company and not Indian company.
2. Will my current employer(sponsor) create any problems for me - in legal terms- If I refuse to go back to home country and continue to serve notice period in UK?

Thank you for your quick and timely response. Please let me know if I need to provide more details around it.

vinny
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Re: Skilled Worker Visa - Change of jobs- Asked to return to home country

Post by vinny » Sun Mar 13, 2022 11:26 pm

1. Did your contract with your former company specify that you must return to India, if you resign? Who will pay for your travel expenses?

2. Again, it may depend on the terms of your contract with your new employer. I doubt that it would specify where you may serve a notice period with your old company.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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jazz2021
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Re: Skilled Worker Visa - Change of jobs- Asked to return to home country

Post by jazz2021 » Mon Mar 14, 2022 10:05 am

Thank you for the prompt response Vinny!
1. No it does not mention that I should return to India on my resignation.
2. Sorry I dint get that - why would my new employer(new sponsor in UK) set out such conditions - like honestly, I am not thinking about it.

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Re: Skilled Worker Visa - Change of jobs- Asked to return to home country

Post by vinny » Mon Mar 14, 2022 10:28 am

2. Sorry. I had misread and thought that you were asking about your new employer. Of course, your contract with your current (not new) employer may dictate what they may legally do to you.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Re: Skilled Worker Visa - Change of jobs- Asked to return to home country

Post by ywlgy » Mon Mar 14, 2022 10:48 am

If there is no such restrictions on your contract, they are just bluffing.
DISCLAIMER: Advice given is based on my past experience and/or my interpretation of Immigration Rules and UKVI documents.

jazz2021
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Re: Skilled Worker Visa - Change of jobs- Asked to return to home country

Post by jazz2021 » Mon Mar 14, 2022 11:48 am

Thank you Vinny and YWLGY, such a relief!! I hope they honor the notice period or pay out in lieu of the notice(as mentioned in the contract).
In case -Hypothetically- if they make me redundant immediately without paying notice, what are my options-like should I approach it legally and to whom?

jazz2021
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Re: Skilled Worker Visa - Change of jobs- Asked to return to home country

Post by jazz2021 » Mon Mar 14, 2022 12:13 pm

***Would like to update my previous post****
In case -Hypothetically- if they ask me to leave the company immediately without paying notice, what are my options-like should I approach it legally and to whom?

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Re: Skilled Worker Visa - Change of jobs- Asked to return to home country

Post by vinny » Tue Mar 15, 2022 6:18 am

What does your contact say about the notice period?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

jazz2021
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Re: Skilled Worker Visa - Change of jobs- Asked to return to home country

Post by jazz2021 » Tue Mar 15, 2022 12:30 pm

Thank you for bearing with me Vinny!
Its a 2 month notice period, which I think my org should honor.

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Re: Skilled Worker Visa - Change of jobs- Asked to return to home country

Post by jazz2021 » Tue Mar 15, 2022 2:14 pm

Hi Vinny,
I have below query as well -
1. Can my employer notifies UKVI before my employment date ends. Like say its on 10th May, and as per my understanding they will notify after 10th May only, but is there a possibility that they can notify even before that say 15th april or sth?
2. Also, while notifying the UKVI, do they also need to provide information like if an employee has got CoS/BRP from new employer etc.? Asking since I dont want to share such details with my current employer(sponsor).

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CR001
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Re: Skilled Worker Visa - Change of jobs- Asked to return to home country

Post by CR001 » Tue Mar 15, 2022 2:27 pm

1. After your last date of employment only.

2. No, they do not need anything about your new employer or cos.
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jazz2021
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Re: Skilled Worker Visa - Change of jobs- Asked to return to home country

Post by jazz2021 » Tue Mar 15, 2022 4:27 pm

Thank you so much CR001!!
I will update everyone once I am settled with this situation.

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Re: Skilled Worker Visa - Change of jobs- Asked to return to home country

Post by jazz2021 » Thu Mar 17, 2022 10:09 am

There is an update to my situation -
My employer is trying to waive off my full notice period. I dint ask for it though. Can he do it without my consent?

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Re: Skilled Worker Visa - Change of jobs- Asked to return to home country

Post by CR001 » Thu Mar 17, 2022 11:27 am

jazz2021 wrote:
Thu Mar 17, 2022 10:09 am
There is an update to my situation -
My employer is trying to waive off my full notice period. I dint ask for it though. Can he do it without my consent?
This is not an migration issue but an employment it contract issue.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

jazz2021
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Re: Skilled Worker Visa - Change of jobs- Asked to return to home country

Post by jazz2021 » Thu Mar 17, 2022 12:04 pm

Ok CR001. Thanks!!

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