Spouse Visa and Tupe

Dear All

I am almost 1 month away from making an application for my spouse visa but my employer whom I am working with for the last 5 months has lost the building contract and now making me redundant. The situation is I have been away from UK for 20 months and only returned back November last year and got this employment so I have to show last 6 months employment. My other colleagues have been given an option to get tuped over which means the other company will take over with a different name and employees are given a chance to be protected under labour laws. I am still waiting for the decision but in case if I am tuped over then what about the spouse visa requirement of being employed with the same employer in the last 6 months?

It is a complete dilemma that after worked for 5 months now I am in that situation where I would either be made redundant or have a different employer although I would be taken over by the different employer without being into a fresh employment.

If someone knows anything about it please share your thoughts.

Also, what if i get zero hours contract even previously worked on a contracted hours basis for 5 months, will that affect my application somehow?
If I get zero hours contract now what has to be written in the letter which I need to get from my employer about my employment that I am working on what basis?

I would appreciate all possible replies and experiences.

Kind Regards

AA

Anyone please

Guys help please.

ftse100 wrote:Dear All

I am almost 1 month away from making an application for my spouse visa but my employer whom I am working with for the last 5 months has lost the building contract and now making me redundant. The situation is I have been away from UK for 20 months and only returned back November last year and got this employment so I have to show last 6 months employment. My other colleagues have been given an option to get tuped over which means the other company will take over with a different name and employees are given a chance to be protected under labour laws. I am still waiting for the decision but in case if I am tuped over then what about the spouse visa requirement of being employed with the same employer in the last 6 months?

It is a complete dilemma that after worked for 5 months now I am in that situation where I would either be made redundant or have a different employer although I would be taken over by the different employer without being into a fresh employment.

If someone knows anything about it please share your thoughts.

Also, what if i get zero hours contract even previously worked on a contracted hours basis for 5 months, will that affect my application somehow?
If I get zero hours contract now what has to be written in the letter which I need to get from my employer about my employment that I am working on what basis?

I would appreciate all possible replies and experiences.

Kind Regards

AA

This is not a straightforward case, I will advise you to seek a legal adviser and what visa were you on previously that you spent 20 months outside of the UK.

Thanks for the reply.

I am a naturalised British citizen since 2011.

Please guide about zero hours contract if it affects the spouse visa application because I was on contracted hours for 5 most months and now possibly it will be changed to zero hours?

Kind Regards

AA

ftse100 wrote:Thanks for the reply.

I am a naturalised British citizen since 2011.

Please guide about zero hours contract if it affects the spouse visa application because I was on contracted hours for 5 most months and now possibly it will be changed to zero hours?

Kind Regards

AA

You should be fine, you need to give rough estimate what you earn to check if you meet the requirement.

Hi,

This shouldn't affect you. Under TUPE you will get exactly the same as you were before. They by law must give you the same. What ever contract you were on before will stand what ever hours you did. Also when you request a letter of employment you can ask them to state your TUPE transfer date so this will be taken into account by the ECO. and you can state this also in your introduction letter.

i also TUPE'd although it was last year and not in the midst. of the application, and the new company had to honor my existing contract. if your new company are understanding of your situaton im sure they can write a supporting letter. The only probably you might find is that your monthly pay date and time might change causing issue.

Where are you TUPING from and to if you don't mind me asking..