Tier 2 Furloghed Workers (COVID-19)

Home Office replied to my email today sending this link
https://www.gov.uk/guidance/coronavirus ... ts#history

THANK YOU !! SO HELPFUL !!!!

All of my questions remain unanswered

tier2genmisery wrote: ↑

Tue Mar 31, 2020 3:47 pm

The question now is more about what happens if you are paid less than salary stated on the CoS as a result of being furloughed.

And if you are terminated - how long do you have in the UK before you have to leave?
But then there are no flights.. so what do you do..

This virus just doesn't comply with tier 2

All visas can be extended until the end of May 2020. If you are terminated, you can stay until the end of your visa or until the time it is curtailed to (as usual). You are not expected to leave until the flights resume

Hi everyone

Just on the question of

-what happens to your tier 2 if your salary drops below salary stated on CoS, or below the minimum threshold for your job category or below the minimum required to apply for your ILR (and when you are at the end of your Tier 2 visa)

-how does being furloughed for weeks and months (and not working for your sponsor) affect your continuous period of leave required to apply for ILR

I managed to get in touch with home office over the phone and ask these two questions above - Their response was that they have not decided yet.

This means that being furloughed could still mean that you will lose your visa and get kicked out of UK
But they could also make an exception for this and the rules for each different circumstance will be so complicated that they need quite a bit of time to figure this out properly..

Let's see

Hope attached screenshot help you clear all the doubts as government published new guidelines dated 9th April 2020.

We already established that furlough funds do not count as access to public funds - that's fine
BUT
This still doesn't tell you anything about
-salary reduction to a level below your CoS or below Tier 2 minimum thresholds
-what happens to your continuous 5 year min leave to qualify for ILR - does your time on furlough continue to count toward your 5 years?

tier2genmisery wrote: ↑

Fri Apr 10, 2020 12:29 pm

We already established that furlough funds do not count as access to public funds - that's fine
BUT
This still doesn't tell you anything about
-salary reduction to a level below your CoS or below Tier 2 minimum thresholds
-what happens to your continuous 5 year min leave to qualify for ILR - does your time on furlough continue to count toward your 5 years?

You really are overthinking this completely. It is also impossible for ANY member on the forum to tell you definitely etc as none of us work for HO.

For ilr you need to meet the requirement at the time you APPLY and have 5 years on tier 5 and salary required at the time of ILR! There is NO requirement for ilr to submit proof of meeting the earnings requirement for the whole 5 years!!

Being furloughed doesn't mean your visa is suddenly invalid!!

Just on this topic, I've become eligible to apply for ILR last week and I got the HR letter and my ILR application ready to apply, however I've been placed on Furlough now.

I'm a bit confused about applying for ILR now as I'll only be paid 80% of my salary going forward for the next few months. Can anyone confirm if I can still apply for ILR as my most recent payslip (March 2020) shows my normal salary.

Also, I wanted to apply for ILR using the Super Priority appointment, however the UKVCAS centers are closed due to Covid19 and all the Priority and Super Priority appointments are suspended. The only option available is the Standard Service, which can take 6 months for the decision. Can anyone suggest if I should go with the Standard service considering the uncertainty of being on furlough and the situation ahead?

Amithelaoo wrote: ↑

Fri Apr 10, 2020 11:12 pm

Just on this topic, I've become eligible to apply for ILR last week and I got the HR letter and my ILR application ready to apply, however I've been placed on Furlough now.

I'm a bit confused about applying for ILR now as I'll only be paid 80% of my salary going forward for the next few months. Can anyone confirm if I can still apply for ILR as my most recent payslip (March 2020) shows my normal salary.

Also, I wanted to apply for ILR using the Super Priority appointment, however the UKVCAS centers are closed due to Covid19 and all the Priority and Super Priority appointments are suspended. The only option available is the Standard Service, which can take 6 months for the decision. Can anyone suggest if I should go with the Standard service considering the uncertainty of being on furlough and the situation ahead?

just on paper, I don't think you can
as the purpose of those payslips is to show your current salary
and your current salary isn't shown on those payslips - it would be like tricking HO
when you apply for ILR (at least this was the case a few years ago) you also get a letter from your employer which says that they will continue to employ you and pay you the same rate or above in the foreseaable future.

but also this might be your last chance to apply as well
so I would probably go ahead and apply

HO really needs to clarify these things asap - I don't think anyone has a definite answer for this

Companies have right to put employees on furlough if they fired employees after 28feb or something. (You can confirm online). Point is, your company can still put you on furlough even if they fired you due to COVID situation. And getting furlough funds are not considered public funds.

vtox wrote: ↑

Sun Mar 29, 2020 12:36 pm

I am in the same situation in the below link it gives you benefits for those with no access to the public funds.

Check Work related benefits in the end of the page.

http://www.nrpfnetwork.org.uk/informati ... x#benefits

I am not sure how to claim in my situation. I have already lost my job some time back because of covid 19 by now half the employees are fired in my company.

Please advise how we can claim.

Thank you

I called the CIH and they said Furloughing has no impact on ILR applications. I might have to be more specific next time I call them to mention the following points such as

a) minimum salary requirement for ILR and
b) the apportionment of your salary between the Government furlough scheme and your employer

mrgeek0 wrote: ↑

Sat Apr 25, 2020 11:48 pm

I called the CIH and they said Furloughing has no impact on ILR applications. I might have to be more specific next time I call them to mention the following points such as

a) minimum salary requirement for ILR and
b) the apportionment of your salary between the Government furlough scheme and your employer

Yes - currently there is no specific information on this
everything is up in the air
and when the dust settles don't be too surprised if being furloughed with a salary cut means you can't apply as quickly as you want or at all or with the default bare minimum paperwork

I expect home office to be asking questions and looking for proof regarding your furlough which could be an additional stamped letter from your company explaining the situation... because you know.. they tend to avoid getting information from HMRC and instead cause you maximum pain with paperwork.

let's see how things develop..
maybe they will be smart and understanding this time around

I think you’re really over complicating stuff.

Let’s leave it to HO. I will call them again.

Kindly update us as soon as you hear something from them.

I too have emailed CIH and am expecting reply by Thursday the latest on same, will update mine once have a reply.

wanderer05 wrote: ↑

Sun Apr 26, 2020 8:18 pm

Kindly update us as soon as you hear something from them.

I too have emailed CIH and am expecting reply by Thursday the latest on same, will update mine once have a reply.

No reply yet, anything from you yet?

Nope.

Still awaiting a reply from Home office on it.

Will update as soon as I receive any comms.

wanderer05 wrote: ↑

Wed Apr 29, 2020 12:55 pm

Nope.

Still awaiting a reply from Home office on it.

Will update as soon as I receive any comms.

I haven't managed to get anything clarified either
HO is really taking their time on this one... T2 workers always get the worst treatment.

I believe that T2 workers do not get the worst treatment, if they follow rules. This one in specific should not cause a problem either as the HO is unlikely to release a rule to affect genuine workers. UK needs skilled workers and HO is sensible enough to not lose them, given Brexit lost many talented people already. But we never know how nuts is BJ's government including PP.

tier2genmisery wrote: ↑

Fri Apr 10, 2020 11:42 pm

Amithelaoo wrote: ↑

Fri Apr 10, 2020 11:12 pm

Just on this topic, I've become eligible to apply for ILR last week and I got the HR letter and my ILR application ready to apply, however I've been placed on Furlough now.

I'm a bit confused about applying for ILR now as I'll only be paid 80% of my salary going forward for the next few months. Can anyone confirm if I can still apply for ILR as my most recent payslip (March 2020) shows my normal salary.

Also, I wanted to apply for ILR using the Super Priority appointment, however the UKVCAS centers are closed due to Covid19 and all the Priority and Super Priority appointments are suspended. The only option available is the Standard Service, which can take 6 months for the decision. Can anyone suggest if I should go with the Standard service considering the uncertainty of being on furlough and the situation ahead?

just on paper, I don't think you can
as the purpose of those payslips is to show your current salary
and your current salary isn't shown on those payslips - it would be like tricking HO
when you apply for ILR (at least this was the case a few years ago) you also get a letter from your employer which says that they will continue to employ you and pay you the same rate or above in the foreseaable future.

but also this might be your last chance to apply as well
so I would probably go ahead and apply

HO really needs to clarify these things asap - I don't think anyone has a definite answer for this

have you received any update email from UKVI regarding furloughed salary and ILR?
I made a call today and was lucky to get in hold to CIH line and ask the same question ,but he confidently said we can apply for ILR and they will treat it as 100% . but i am still in dilemma because I can resonate with the moderators advice.

If they said it as 100%, that should be kind of sufficent evidence, but an email response will help more. And "tier2genmisery" is not a moderator, or a lawyer, just a member who is overthinking and speculating. You need to consult a professional lawyer to assess your situation.

@Nilang and others, what's the update on this? Anything new from your side.