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Tier 2 Furloghed Workers (COVID-19)

Only for UK Tier 2 (Employer Sponsored) points system Tier 2

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

tier2genmisery
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Tier 2 Furloghed Workers (COVID-19)

Post by tier2genmisery » Thu Mar 26, 2020 9:29 am

What happens to your tier 2 visa when you are furloughed due to covid19?
This involves salary being reduced to 80% - which means it will be at a level below the salary stated on the CoS. This can go on for 3 months or more. There is no clarity at the moment.

Does anybody know whether this means the loss of tier 2 visa?

Does this affect the continuous period of 5 years to qualify for ILR?

If the employer pays the remaining 20% (not covered by the government) does that change anything?

Thanks

quoala
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Re: Tier 2 Furloghed Workers (COVID-19)

Post by quoala » Thu Mar 26, 2020 2:24 pm

I also have the same question.

In my understanding it shouldn't differ, because the employee is still earning the same amount and still employed.

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CR001
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Re: Tier 2 Furloghed Workers (COVID-19)

Post by CR001 » Thu Mar 26, 2020 3:01 pm

Char (CR001 not Casa)
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tier2genmisery
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Re: Tier 2 Furloghed Workers (COVID-19)

Post by tier2genmisery » Thu Mar 26, 2020 7:20 pm

I read that and that does not answer the question here

-When you are furloughed, you are no longer working for your employer. What does that do to your sponsorship and your visa?

-Also if you are furloughed, normally, in most cases your salary will drop below that one stated on the CoS, potentially below the minimum threshold. Again what does that mean for your sponsorship?

So far no explanation from the Home Office on these as far as I'm aware. Does anybody know?

lolo2
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Re: Tier 2 Furloghed Workers (COVID-19)

Post by lolo2 » Thu Mar 26, 2020 9:43 pm

Hi!

I found this online: https://inews.co.uk/inews-lifestyle/wor ... al-2506472

The article explains about furloughed employees and how this works under the current circumstances. Certainly it does not mention anything related to Tier 2 workers, but I can suspect all workers are ruled by the same thing.

I believe that, given the exceptional circumstances and following the common sense, a salary cut would not have any impact on your sponsorship, salary threshold, ILR applications, and so on. As long as you can keep your job, there should not be any impact on those.

I have been discussing this with my colleagues in the last days. An imminent economy recession will follow this crisis and many jobs unfortunately will be lost. Many companies will not survive, even with the announced substantial financial aids, not only in the UK but around the world.

From my personal experience, we Tier 2 workers are the first targets (or the first victims) when a company is facing financial problems. The most important thing right now is keeping our jobs at any cost, even if we receive a lower salary.

Hope it helps and good luck!

tier2genmisery
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Re: Tier 2 Furloghed Workers (COVID-19)

Post by tier2genmisery » Thu Mar 26, 2020 10:25 pm

again this doesn't answer any of the tier 2 question
I would like to think the home office is working on this right now
let's see what they come back with and I hope they publish something very very soon as thousands of livelihoods are at risk here with tier 2s and their dependants.
lolo2 wrote:
Thu Mar 26, 2020 9:43 pm
Hi!

I found this online: https://inews.co.uk/inews-lifestyle/wor ... al-2506472

The article explains about furloughed employees and how this works under the current circumstances. Certainly it does not mention anything related to Tier 2 workers, but I can suspect all workers are ruled by the same thing.

I believe that, given the exceptional circumstances and following the common sense, a salary cut would not have any impact on your sponsorship, salary threshold, ILR applications, and so on. As long as you can keep your job, there should not be any impact on those.

I have been discussing this with my colleagues in the last days. An imminent economy recession will follow this crisis and many jobs unfortunately will be lost. Many companies will not survive, even with the announced substantial financial aids, not only in the UK but around the world.

From my personal experience, we Tier 2 workers are the first targets (or the first victims) when a company is facing financial problems. The most important thing right now is keeping our jobs at any cost, even if we receive a lower salary.

Hope it helps and good luck!

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Re: Tier 2 Furloghed Workers (COVID-19)

Post by klownking » Fri Mar 27, 2020 9:05 am

I am in the same boat and God knows what is going to happen. I have found these links.

Third part solicitor weblinks removed by moderator

I hope it will help. I have also sent an email to the Covid-19 Home Office helpline. Let's see what I get back with.

tier2genmisery
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Re: Tier 2 Furloghed Workers (COVID-19)

Post by tier2genmisery » Fri Mar 27, 2020 11:55 am

If anybody manages to get some information from the Home Office helpline or an email response from them, please post it here.
I'm unable to get through - spent more than an hour on the phone but no luck.

trevoronitselec
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Re: Tier 2 Furloghed Workers (COVID-19)

Post by trevoronitselec » Sun Mar 29, 2020 1:38 am

I am too looking for the answer for this and found this

http://www.nrpfnetwork.org.uk/Documents ... tsheet.pdf

Bottom part page 7

5 Assistance for people who lose employment
The Government has announced a series of measures to help people who have are unable to work due to contracting coronavirus or having to self-isolate, or who have lost their employment or closed a business due to coronavirus.
The following assistance can be claimed by a person who has no recourse to public funds (NRPF) when they meet the relevant requirements because none are considered to be ‘public funds’ for immigration purposes:
 Statutory Sick Pay (SSP)
 Contributory-based Employment and Support Allowance (ESA)
 Wages paid through the Coronavirus Job Retention Scheme (‘furloughed workers’)
 Assistance for businesses and people who are self-employed, as outlined in this government guidance
 Benefits that are listed here (under ‘work related benefits’)
The following assistance cannot be claimed by a person who has no recourse to public
funds (NRPF) because they are public funds for immigration purposes:
 Universal Credit
 Benefits on this list

vtox
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Re: Tier 2 Furloghed Workers (COVID-19)

Post by vtox » Sun Mar 29, 2020 11:36 am

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

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CR001
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Re: Tier 2 Furloghed Workers (COVID-19)

Post by CR001 » Sun Mar 29, 2020 11:42 am

vtox wrote:
Sun Mar 29, 2020 11:36 am
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
You cannot claim benefits except perhaps CONTRIBUTION based JSA.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Zimba
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Re: Tier 2 Furloghed Workers (COVID-19)

Post by Zimba » Sun Mar 29, 2020 1:47 pm

Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

tier2genmisery
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Re: Tier 2 Furloghed Workers (COVID-19)

Post by tier2genmisery » Mon Mar 30, 2020 8:40 am

Let's try to find some information on what happens if our salary drops due to being furloughed to a level

1-below what was stated on the CoS
2-below what was stated on the CoS and also below the minimum threshold

and how this impact ILR applications..

All of these remain open/unanswered questions for now.

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CR001
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Re: Tier 2 Furloghed Workers (COVID-19)

Post by CR001 » Mon Mar 30, 2020 9:18 am

tier2genmisery wrote:
Mon Mar 30, 2020 8:40 am
Let's try to find some information on what happens if our salary drops due to being furloughed to a level

1-below what was stated on the CoS
2-below what was stated on the CoS and also below the minimum threshold

and how this impact ILR applications..

All of these remain open/unanswered questions for now.
The requirement for ILR is to meet the salary requirement at the time of ILR application. HO don't expect or want to see your salary details evidence for the entire 5 years.

It is likely impossible at this stage for HO to consider every single aspect of every single visa category. Tier 2 is not the only one with specific salary requirements.
Char (CR001 not Casa)
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Re: Tier 2 Furloghed Workers (COVID-19)

Post by klownking » Mon Mar 30, 2020 2:19 pm

I have spent 3 hours straight on the Coronavirus helpline but did not get through. I don't think so this helpline is working anymore. I have sent them 3 emails let's see when I get a reply.

tier2genmisery
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Re: Tier 2 Furloghed Workers (COVID-19)

Post by tier2genmisery » Mon Mar 30, 2020 2:36 pm

klownking wrote:
Mon Mar 30, 2020 2:19 pm
I have spent 3 hours straight on the Coronavirus helpline but did not get through. I don't think so this helpline is working anymore. I have sent them 3 emails let's see when I get a reply.
I have done the same
Couldnt get through over the phone
And then sent one email but nothing back

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Zimba
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Re: Tier 2 Furloghed Workers (COVID-19)

Post by Zimba » Mon Mar 30, 2020 2:47 pm

Requirements for ILR do not change. You need to be paid the min as per COS for ILR.
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

vtox
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Re: Tier 2 Furloghed Workers (COVID-19)

Post by vtox » Tue Mar 31, 2020 11:46 am

CR001 wrote:
Sun Mar 29, 2020 11:42 am
vtox wrote:
Sun Mar 29, 2020 11:36 am
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
You cannot claim benefits except perhaps CONTRIBUTION based JSA.

Hey CR001, I just called citizens advice and as you said I can only claim new style' Jobseeker's Allowance (JSA)

but my question is does this have any negative effect on the future visa application or ILR?

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Re: Tier 2 Furloghed Workers (COVID-19)

Post by Zimba » Tue Mar 31, 2020 1:49 pm

You CANNOT personally apply for any benefits if you have no access to public funds that includes JSA. Going furlough is through your employer !!!! NOTHING has changed regarding restrictions to the state benefits and public funds. Why don't you read what posted above !!!!?

uk-tier-2-employer-sponsored-visas/covi ... l#p1891327
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

tier2genmisery
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Re: Tier 2 Furloghed Workers (COVID-19)

Post by tier2genmisery » Tue Mar 31, 2020 2:47 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 :D :mrgreen: 8)

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