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Made redundant cases - how to stay on tier 2 as long as you can

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

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outtablue
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Made redundant cases - how to stay on tier 2 as long as you can

Post by outtablue » Mon Jun 01, 2020 9:55 am

hello,

I have been notified for being made redundant - since job market is extremely tough now, what are the different ways (legally possible) I can stay on tier 2 as long as I can with my employer?

Thinking about unpaid leave, sick leave, etc.

Could you please provide any precedents and details on how to structure and negotiate with my employer if possible

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Re: Made redundant cases - how to stay on tier 2 as long as you can

Post by CR001 » Mon Jun 01, 2020 11:14 am

what are the different ways (legally possible) I can stay on tier 2 as long as I can with my employer?

Thinking about unpaid leave, sick leave, etc.
When you are made redundant, all your accumulated leave (if you have any) is paid out to you through payroll. Your Tier 2 sponsor can withdraw sponsorship of your visa at any time. Once they notify HO after your last day of work, it will trigger the curtailment letter process. Nothing you can do to stop that if your employer is making you redundant.
Could you please provide any precedents and details on how to structure and negotiate with my employer if possible
No one can tell you how to negotiate with your employer, none of us know the circumstances etc.
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Re: Made redundant cases - how to stay on tier 2 as long as you can

Post by Waseem432000 » Mon Jun 01, 2020 11:36 am

Have you asked them to furlough you instead? That should give you another few months at least. If that thing is out of the question and they have already made their decision then they have to inform HO in 10 working days which means you can't prolong your stay with them.

I am not giving you any false hopes but I think it's going to take a good few months for curtailment letters to be sent to everyone as there should be a huge backlog. 3 of my friends were made redundant in middle of March and they are currently job hunting but no one has received their curtailment letter from HO till now. The bigger issue would survive on your savings unless you get a new job and sponsorship as you can't work for anyone until you get your new visa sorted.

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Re: Made redundant cases - how to stay on tier 2 as long as you can

Post by THO » Mon Jun 01, 2020 1:07 pm

Is he allowed to work for another company on his Tier 2 visa? And, if so does that company have to have the correct license to employ people from outside the EU?

Does a company that might employ him have to prove that they have done the minimum required amount of recruitment from within the UK before searching for T2 staff, or can they just take him on using his current visa received for a different job, and therefore a different salary and attracting a different set of skills shortage points?

In other words, could he go and clean rooms for a living, or does he have to get the same job, with same or higher salary?


THO

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Re: Made redundant cases - how to stay on tier 2 as long as you can

Post by CR001 » Mon Jun 01, 2020 1:10 pm

THO wrote:
Mon Jun 01, 2020 1:07 pm
Is he allowed to work for another company on his Tier 2 visa? And, if so does that company have to have the correct license to employ people from outside the EU?

Does a company that might employ him have to prove that they have done the minimum required amount of recruitment from within the UK before searching for T2 staff, or can they just take him on using his current visa received for a different job, and therefore a different salary and attracting a different set of skills shortage points?

In other words, could he go and clean rooms for a living, or does he have to get the same job, with same or higher salary?


THO
No. A Tier 2 visa holder can ONLY work for their Tier 2 sponsoring employer. The OP would have to secure a job, meet all the requirements (by sponsor and applicant) before they can be assigned a Certificate of Sponsorship, which is required to apply for a new Tier 2 General change of employer visa.

No, he cannot 'go clean rooms for a living'. It has to be a job on Appendix J or Appendix K of the immigration rules, ie highly skilled jobs.
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Re: Made redundant cases - how to stay on tier 2 as long as you can

Post by THO » Mon Jun 01, 2020 2:16 pm

The reason I asked these questions is that my thoughts would be rather than hunt for a job here, while unable to work for any company to earn some income to help pay the rent and feed yourself, outtablue might be better off going back (where the cost of living might be lower) and finding a job from there again.

Right now, there will be a lot of people looking for jobs, and T2 workers are behind EU nationals for those precious jobs that become available, and so the chances are slim of finding one in time, but the costs of looking are potentially high, if you have rent and other bills to pay. Rather than throw good money away, preserve your cash savings, fly back and regroup.

Just a thought.

THO

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Re: Made redundant cases - how to stay on tier 2 as long as you can

Post by CR001 » Mon Jun 01, 2020 2:19 pm

THO wrote:
Mon Jun 01, 2020 2:16 pm
The reason I asked these questions is that my thoughts would be rather than hunt for a job here, while unable to work for any company to earn some income to help pay the rent and feed yourself, outtablue might be better off going back (where the cost of living might be lower) and finding a job from there again.

Right now, there will be a lot of people looking for jobs, and T2 workers are behind EU nationals for those precious jobs that become available, and so the chances are slim of finding one in time, but the costs of looking are potentially high, if you have rent and other bills to pay. Rather than throw good money away, preserve your cash savings, fly back and regroup.

Just a thought.

THO
If a Tier 2 visa holder leaves the UK, they are mostly subject to a 12 month cooling off period before they can apply for a tier 2 visa again. It is also harder to get sponsored from outside the UK than being within the UK.
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Re: Made redundant cases - how to stay on tier 2 as long as you can

Post by THO » Mon Jun 01, 2020 2:29 pm

And do you think there is a snowballs chance in hell that there will be any jobs available in the next 12 months, with a global recession heading our way? I fear things will be hard, and while it is of course his decision to stay and try, I think it will be a futile effort. And 99% he will have to go back, but go with much less savings (assuming that he has bills to pay to survive) and then be back in his country, in the a worse situation, and still needing to wait 12 months from a later date, rather leaving now, retaining more savings, and being able to return sooner.

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Re: Made redundant cases - how to stay on tier 2 as long as you can

Post by CR001 » Mon Jun 01, 2020 2:31 pm

THO wrote:
Mon Jun 01, 2020 2:29 pm
And do you think there is a snowballs chance in hell that there will be any jobs available in the next 12 months, with a global recession heading our way? I fear things will be hard, and while it is of course his decision to stay and try, I think it will be a futile effort. And 99% he will have to go back, but go with much less savings (assuming that he has bills to pay to survive) and then be back in his country, in the a worse situation, and still needing to wait 12 months from a later date, rather leaving now, retaining more savings, and being able to return sooner.
No, I don't so either. I think a lot of Tier 2 visa holders are in for a tough time. They can if they qualify, switch to a tier 4 student visa or the Global Talent Visa if they can get endorsement.
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Re: Made redundant cases - how to stay on tier 2 as long as you can

Post by THO » Mon Jun 01, 2020 2:41 pm

I would assume that most people would apply for the GT visa first off, rather trying to find a T2 job, if they met the criteria though?

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Re: Made redundant cases - how to stay on tier 2 as long as you can

Post by CR001 » Mon Jun 01, 2020 2:43 pm

THO wrote:
Mon Jun 01, 2020 2:41 pm
I would assume that most people would apply for the GT visa first off, rather trying to find a T2 job, if they met the criteria though?
Not an easy visa to get either. Endorsement has a number of strict requirements and many are rejected for endorsement.
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Re: Made redundant cases - how to stay on tier 2 as long as you can

Post by limali » Thu Jun 04, 2020 10:17 pm

Waseem432000 wrote:
Mon Jun 01, 2020 11:36 am
Have you asked them to furlough you instead? That should give you another few months at least. If that thing is out of the question and they have already made their decision then they have to inform HO in 10 working days which means you can't prolong your stay with them.

I am not giving you any false hopes but I think it's going to take a good few months for curtailment letters to be sent to everyone as there should be a huge backlog. 3 of my friends were made redundant in middle of March and they are currently job hunting but no one has received their curtailment letter from HO till now. The bigger issue would survive on your savings unless you get a new job and sponsorship as you can't work for anyone until you get your new visa sorted.
I am in a similar situation. Redundant and waiting for curtailment letter. Can you update us once your friends got their curtailment letter?

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Re: Made redundant cases - how to stay on tier 2 as long as you can

Post by outtablue » Fri Jun 05, 2020 11:09 am

Just to update on a few things:

Furlough is not possible at all - company wide policy hence would not make special cases for visa holders


How long does it take to receive the curtailment letter? Can any share some insights here, esp for the folks that waited or have been waiting this year. Good to gauge how soon I might get it once they officially terminate my employment. Am based in London.


Would only look for tier 2 sponsor's jobs going forward no cleaning rooms etc.

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Re: Made redundant cases - how to stay on tier 2 as long as you can

Post by CR001 » Fri Jun 05, 2020 11:15 am

How long does it take to receive the curtailment letter? Can any share some insights here, esp for the folks that waited or have been waiting this year. Good to gauge how soon I might get it once they officially terminate my employment. Am based in London.
Curtailment letters can take a from a few weeks up to a few months after your last date of employment.
Would only look for tier 2 sponsor's jobs going forward no cleaning rooms etc.
You would be breaching your visa conditions working for anyone other than a tier 2 sponsor.
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Re: Made redundant cases - how to stay on tier 2 as long as you can

Post by CR001 » Fri Jun 05, 2020 11:27 am

Please do not start new topics about curtailment letter timelines. Your post has been removed.
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Re: Made redundant cases - how to stay on tier 2 as long as you can

Post by lolo2 » Sat Jun 06, 2020 12:01 pm

outtablue wrote:
Fri Jun 05, 2020 11:09 am
Just to update on a few things:

Furlough is not possible at all - company wide policy hence would not make special cases for visa holders

How long does it take to receive the curtailment letter? Can any share some insights here, esp for the folks that waited or have been waiting this year. Good to gauge how soon I might get it once they officially terminate my employment. Am based in London.

Would only look for tier 2 sponsor's jobs going forward no cleaning rooms etc.
Receiving the curtailment letter is a sort of a lottery; in the post related to Tier 2 redundancies, you can see that there's some cases where people received this letter in two weeks; and there's others who never received it in a few months. In my case, I never got it after 5-1/2 months of being made redundant, but that was just before the pandemic.

Unfortunately we can't work somewhere else while in this situation. Hope you are able to cover your expenses while applying for jobs; I tell you living in London without a job is not easy.

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Re: Made redundant cases - how to stay on tier 2 as long as you can

Post by limali » Sat Jun 06, 2020 7:19 pm

@lolo did you receive your curtailment letter during the lockdown?

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Re: Made redundant cases - how to stay on tier 2 as long as you can

Post by lolo2 » Tue Jun 09, 2020 10:22 am

limali, I never received a curtailment letter after 5 and a half months of being made redundant.

Just to clarify that I was in this situation before the lockdown.

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Re: Made redundant cases - how to stay on tier 2 as long as you can

Post by limali » Sat Jun 13, 2020 3:34 pm

@lolo2 thank you for the info. That is promising. Can you update us whenever the time you get your curtailment letter in the future so that we can have an understanding of the timings?

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