ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

unpaid leave on a tier 2 visa

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

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

Locked
samx
Newly Registered
Posts: 9
Joined: Tue Jan 29, 2019 9:32 am
Jordan

termination of employment due to company's financial situation

Post by samx » Tue Jan 29, 2019 9:45 am

Hello,

I am involved in a knowledge transfer partnership project that is between a university and a local company. My contract is with the university (as such they sponsor the visa). However, the company I'm working with has been facing financial difficulties lately and as a result they have confirmed their intention to withdraw from the project. Although my sponsor is the university, it's been clearly stated in my contract that if the project terminates my contract will end as well. Given the circumstance, I would like to know what may happen to my current visa status. I read that the duration will be shortened to 60 days (please note that my current visa expires in January 2020), but i'm not sure if the notice period (of one month) will be included in the 60 days or not. I would like to know my rights and if I can fix this with the employer.

Please note that my performance has nothing to do with this decision. What has happened was just unfortunate and out of my hands so is there anything I can do to stop my visa from being curtailed?

Note: The employer hasn't informed the home office yet.

Thank you

User avatar
CR001
Moderator
Posts: 86954
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: termination of employment due to company's financial situation

Post by CR001 » Tue Jan 29, 2019 9:56 am

I would like to know what may happen to my current visa status. I read that the duration will be shortened to 60 days (please note that my current visa expires in January 2020), but i'm not sure if the notice period (of one month) will be included in the 60 days or not. I would like to know my rights and if I can fix this with the employer.

Please note that my performance has nothing to do with this decision. What has happened was just unfortunate and out of my hands so is there anything I can do to stop my visa from being curtailed?

Note: The employer hasn't informed the home office yet.
Your sponsor only informs HO once your employment has terminated and you have worked your last day. How long HO takes to send the 60 days curtailment letter varies. Once your visa is curtailed, you will either have to find another sponsor or visa you qualify for or leave by the date HO states.
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.

samx
Newly Registered
Posts: 9
Joined: Tue Jan 29, 2019 9:32 am
Jordan

unpaid leave on a tier 2 visa

Post by samx » Fri Feb 01, 2019 3:34 pm

hello,

I'm currently on a Tier 2 visa, which is valid until nexy year. My role involves working on a project between a university and a local company. Unfortunately, the company has recently withdrawn from the project due to financial reasons. Although the university is my employer they will be obliged to terminate my contract, but at the same time they are trying to relocate me to another role before that happens. There is a good chance that I'd be able to take on a new role with the university in April. This role will fall under the same standard occupation classification code, however there will be about a month gap between the end of my notice period and my new role. I'm afraid if my contract is terminated, this will affect the redeployment process i.e. having to start a new application and fullfil the 28 days role advertisement policy. Is there a way to get to the new role without having my current contract terminated? Like unpaid leave for instance.. is this a possibility?

samx
Newly Registered
Posts: 9
Joined: Tue Jan 29, 2019 9:32 am
Jordan

Re: termination of employment due to company's financial situation

Post by samx » Fri Feb 01, 2019 3:54 pm

CR001 wrote:
Tue Jan 29, 2019 9:56 am
I would like to know what may happen to my current visa status. I read that the duration will be shortened to 60 days (please note that my current visa expires in January 2020), but i'm not sure if the notice period (of one month) will be included in the 60 days or not. I would like to know my rights and if I can fix this with the employer.

Please note that my performance has nothing to do with this decision. What has happened was just unfortunate and out of my hands so is there anything I can do to stop my visa from being curtailed?

Note: The employer hasn't informed the home office yet.
Your sponsor only informs HO once your employment has terminated and you have worked your last day. How long HO takes to send the 60 days curtailment letter varies. Once your visa is curtailed, you will either have to find another sponsor or visa you qualify for or leave by the date HO states.
how is this relevant to this post?

User avatar
CR001
Moderator
Posts: 86954
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: termination of employment due to company's financial situation

Post by CR001 » Fri Feb 01, 2019 4:20 pm

samx wrote:
Fri Feb 01, 2019 3:54 pm
CR001 wrote:
Tue Jan 29, 2019 9:56 am
I would like to know what may happen to my current visa status. I read that the duration will be shortened to 60 days (please note that my current visa expires in January 2020), but i'm not sure if the notice period (of one month) will be included in the 60 days or not. I would like to know my rights and if I can fix this with the employer.

Please note that my performance has nothing to do with this decision. What has happened was just unfortunate and out of my hands so is there anything I can do to stop my visa from being curtailed?

Note: The employer hasn't informed the home office yet.
Your sponsor only informs HO once your employment has terminated and you have worked your last day. How long HO takes to send the 60 days curtailment letter varies. Once your visa is curtailed, you will either have to find another sponsor or visa you qualify for or leave by the date HO states.
how is this relevant to this post?
Did you not see it was a response to your first question you asked!!!

See also forum rule on multiple topics and why posts are merged (click to read)
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.

UKLL
Member of Standing
Posts: 388
Joined: Tue Oct 24, 2017 5:44 pm
Malaysia

Re: unpaid leave on a tier 2 visa

Post by UKLL » Fri Feb 01, 2019 4:58 pm

samx wrote:
Fri Feb 01, 2019 3:34 pm
hello,

I'm currently on a Tier 2 visa, which is valid until nexy year. My role involves working on a project between a university and a local company. Unfortunately, the company has recently withdrawn from the project due to financial reasons. Although the university is my employer they will be obliged to terminate my contract, but at the same time they are trying to relocate me to another role before that happens. There is a good chance that I'd be able to take on a new role with the university in April. This role will fall under the same standard occupation classification code, however there will be about a month gap between the end of my notice period and my new role. I'm afraid if my contract is terminated, this will affect the redeployment process i.e. having to start a new application and fullfil the 28 days role advertisement policy. Is there a way to get to the new role without having my current contract terminated? Like unpaid leave for instance.. is this a possibility?
You can negotiate with your University not to terminate your contract until April. Have you got annual leave to take to cover March? Unfortunately you CANNOT take unpaid leave under Tier 2.

samx
Newly Registered
Posts: 9
Joined: Tue Jan 29, 2019 9:32 am
Jordan

Re: termination of employment due to company's financial situation

Post by samx » Fri Feb 01, 2019 7:11 pm

CR001 wrote:
Fri Feb 01, 2019 4:20 pm
samx wrote:
Fri Feb 01, 2019 3:54 pm
CR001 wrote:
Tue Jan 29, 2019 9:56 am
I would like to know what may happen to my current visa status. I read that the duration will be shortened to 60 days (please note that my current visa expires in January 2020), but i'm not sure if the notice period (of one month) will be included in the 60 days or not. I would like to know my rights and if I can fix this with the employer.

Please note that my performance has nothing to do with this decision. What has happened was just unfortunate and out of my hands so is there anything I can do to stop my visa from being curtailed?

Note: The employer hasn't informed the home office yet.
Your sponsor only informs HO once your employment has terminated and you have worked your last day. How long HO takes to send the 60 days curtailment letter varies. Once your visa is curtailed, you will either have to find another sponsor or visa you qualify for or leave by the date HO states.
how is this relevant to this post?
Did you not see it was a response to your first question you asked!!!

See also forum rule on multiple topics and why posts are merged (click to read)

Apologies, I didn't know that my posts got merged. Thank you for the initial response :)

samx
Newly Registered
Posts: 9
Joined: Tue Jan 29, 2019 9:32 am
Jordan

Re: unpaid leave on a tier 2 visa

Post by samx » Fri Feb 01, 2019 7:14 pm

UKLL wrote:
Fri Feb 01, 2019 4:58 pm
samx wrote:
Fri Feb 01, 2019 3:34 pm
hello,

I'm currently on a Tier 2 visa, which is valid until nexy year. My role involves working on a project between a university and a local company. Unfortunately, the company has recently withdrawn from the project due to financial reasons. Although the university is my employer they will be obliged to terminate my contract, but at the same time they are trying to relocate me to another role before that happens. There is a good chance that I'd be able to take on a new role with the university in April. This role will fall under the same standard occupation classification code, however there will be about a month gap between the end of my notice period and my new role. I'm afraid if my contract is terminated, this will affect the redeployment process i.e. having to start a new application and fullfil the 28 days role advertisement policy. Is there a way to get to the new role without having my current contract terminated? Like unpaid leave for instance.. is this a possibility?
You can negotiate with your University not to terminate your contract until April. Have you got annual leave to take to cover March? Unfortunately you CANNOT take unpaid leave under Tier 2.
Thank you, I will check for alternatives with the university

Locked
cron