Sponsor Not Paying

[ldapguy]

Hi,
I'm from overseas and contracting in the UK. I signed a contract with my sponsor to get paid a base salary. I was to receive 2 pays ... the first was the base salary and the 2nd was to be paid as a bonus. I never received the bonus payments. How can I recover this money that is owed to me?

The Situation

- working on a work permit via a sponsor
- found out my sponsor was scamming my funds
- decided to switch sponsors
- lost my job in the process

Getting my new sponsor and work permit took 5 weeks. I was always under the impression that I was able to go back to my job once my permit came in. I never quit and my contract was never terminated. The contract states a 4 week notice period for termination of contract. Am I entitled to any money from my employer?

[eek]

I think this will be beyond the knowledge of people here so go and find a proper high street lawyer who specialises in Employment law.

Many do provide an initial free consultation so their immediate advice should not cost you anything.

[rd409]

Hi,
I'm from overseas and contracting in the UK. I signed a contract with my sponsor to get paid a base salary. I was to receive 2 pays ... the first was the base salary and the 2nd was to be paid as a bonus. I never received the bonus payments. How can I recover this money that is owed to me?

The Situation

- working on a work permit via a sponsor
- found out my sponsor was scamming my funds
- decided to switch sponsors
- lost my job in the process

Getting my new sponsor and work permit took 5 weeks. I was always under the impression that I was able to go back to my job once my permit came in. I never quit and my contract was never terminated. The contract states a 4 week notice period for termination of contract. Am I entitled to any money from my employer?

Check the contract you signed with your sponsor. Does it say the base salary + bonus? How is the bonus defined? Does it have any pre-conditions before you are awarded any bonus? IANAL, but I think this is a scam, and your chances of getting the money is pretty slim. Also when the WP was issued, does it mention the total package? or just base salary? if the WP was issued based on the package of base salary + bonus, and the company has failed to pay the bonus, then you/company might be in breach of the condition of the WP.

My advise is consult a lawyer (Employment + Immigration) just to be on a safer side.

Good luck for the recovery of your money.

Dave.

[stek]

What permit did you have? Was it Tier 1 (previously HSMP) or Tier 2 (previously Work Permit)? First one is not tied to employer, second is but is open to body shopping which this case does sound like.

[ldapguy]

What permit did you have? Was it Tier 1 (previously HSMP) or Tier 2 (previously Work Permit)? First one is not tied to employer, second is but is open to body shopping which this case does sound like.

I have the Tier 2.

I think I will take the advice and go see a lawyer and do my best to shut them down even if I cant get my money back!

[stek]

I have the Tier 2.

I think I will take the advice and go see a lawyer and do my best to shut them down even if I cant get my money back!

Sounds like you've been body shopped, which is illegal, I fear recovering any monies might be the least of your woes, since prima-facie you have no legal right to work here.

Can you post a timeline, i.e. what visa where etc?

[ldapguy]

Sounds like you've been body shopped, which is illegal, I fear recovering any monies might be the least of your woes, since prima-facie you have no legal right to work here.

Can you post a timeline, i.e. what visa where etc?

Yes I was "body shopped" for sure. I had a Tier 2 visa which as good for 3 years. Once I figured out what was happening I had the work permit cancelled and have gone through the process of obtaining a new visa and permit which I've fully checked out to be legit this time around, you know, once bitten twice shy

Now I want to see if I can get my money owed and if not, then report the company and see if I can shut them down. I'm not going away quietly on this, lost way too much to just let it slide ...

[stek]

Yes I was "body shopped" for sure. I had a Tier 2 visa which as good for 3 years. Once I figured out what was happening I had the work permit cancelled and have gone through the process of obtaining a new visa and permit which I've fully checked out to be legit this time around, you know, once bitten twice shy

Now I want to see if I can get my money owed and if not, then report the company and see if I can shut them down. I'm not going away quietly on this, lost way too much to just let it slide ...

Did you get the new permit in-country or from home?

To be honest, I'd forget the money, any action will involve you and the fact you were effectively illegal too and not allowed to work. Best to but it down to experience.

But you need to be 100% sure your current visa is kosher, I might be over cautious but I'd prefer it for your sake if it was applied for out-of-country...

[JoJoGabor]

What company did this? They should be reported. The UK workforce can do without companies bypassing the visa system to undercut us even more.

[stek]

What company did this? They should be reported. The UK workforce can do without companies bypassing the visa system to undercut us even more.

Goes on all the time.