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Got Redundant on Tier 2 Gen - need your help

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

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vtox
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Got Redundant on Tier 2 Gen - need your help

Post by vtox » Sun Jan 26, 2020 9:20 pm

Hello,

My company has made me redundant and I have 5 years of tier 2 general visa out of which I have completed 3 years. Right now I am on the consultation period for this month and I will have 2 months of notice.

I am very stressed, I am already looking for other roles in the same company and also outside the company.

Some question I want to get clarity are:

1) how long time I have once the company has informed the home office?

2) In case I get a new sponsor how long time it will take for me to get the

3) If my COS code changes in my new sponsorship will my stay in London reset for ILR or it will be continued.

4) What are the things I need to be aware of If I get a new sponsorer so it does not affect my ILR application?

5) Reading through some posts I came across these terms USOC and RSOC I am not sure what this means is this something I need to consider for my new application in case If I get one.

6) How long it will take for the new sponsorship if it's applied from London.

Please help me with these questions, and if you have any suggestions or recommendation please share.

Thank you

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Re: Got Redundant on Tier 2 Gen - need your help

Post by Zerubbabel » Sun Jan 26, 2020 9:38 pm

Hello

I am sorry for that. It's a stressful time indeed.

Unfortunately, no one is immune from being made redundant. But when you are on a Tier 2 visa, it will affect your right to live in the UK.

When you leave your employer, the HR will notify the Home Office. The Home Office will send you a curtailment letter. It will take a few months to come. The letter usually gives the recipient 60 days to leave the UK (or less if the visa has less than 60 days remaining)

If you leave, you won't able able to apply for a Tier 2 visa for 12 months. Otherwise, if you want to stay, you need to find a sponsor asap. It's a good that you have a few months in front of you to find a solution:

- 2 months notice
- up to 10 days for the employer to notify the Home Office
- A few months for the Home Office to issue the curtailment letter
- 60 days given by the letter

Changing employer doesn't reset the counter towards the ILR.

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Re: Got Redundant on Tier 2 Gen - need your help

Post by vtox » Sun Jan 26, 2020 9:54 pm

Thank you, my friend, for your reply.

Very very stressed, my management is also helping me to find something with the company if that works ill be very happy. At the same time, I am also looking for other opportunities.

Changing the employer doesn't reset the counter towards the ILR, does that mean even if the job code in COS changed?

And do you know anything about this USOC and RSOC is this something I should be aware of in my situation?

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Re: Got Redundant on Tier 2 Gen - need your help

Post by CR001 » Mon Jan 27, 2020 4:06 pm

5) Reading through some posts I came across these terms USOC and RSOC I am not sure what this means is this something I need to consider for my new application in case If I get one.
You need a UCoS (unrestricted CoS) to change employers/sponsor within the UK.

RCoS (restricted CoS) is for entry clearance visas outside the UK.
Changing the employer doesn't reset the counter towards the ILR, does that mean even if the job code in COS changed?
No and yes.
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Tier2 General- Switching the company

Post by vtox » Tue Jan 28, 2020 10:54 am

I am planning to switch the employer can you please let me know what is the difference in Restricted or Unrestricted.? and also what is Rlmt?

Thank you
Vittal

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SOC code changes will affect my ILR

Post by vtox » Tue Jan 28, 2020 10:58 am

Hey,

If I switch from one job SOC code to other will that affects or reset my stay in Uk or it will carry forward.

Thank you

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Re: SOC code changes will affect my ILR

Post by quoala » Tue Jan 28, 2020 11:02 am

As long as you are continuing on a Tier 2 visa route, change of job's sector will not affect ILR.

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Re: Tier2 General- Switching the company

Post by quoala » Tue Jan 28, 2020 11:05 am

You need unrestricted COS for a change of employment within the UK.

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Re: Tier2 General- Switching the company

Post by vtox » Tue Jan 28, 2020 10:50 pm

Thank you quoala,

I have been made redundant, once my employer informs the home office and I will receive the curtailment letter and I will have 2 months to find another employer (correct me if I am wrong) during those 2 months I will not have any salary so I won't be paying the tax/NI will that affect the ILR application?

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Re: Got Redundant on Tier 2 Gen - need your help

Post by vtox » Tue Jan 28, 2020 11:01 pm

CR001 wrote:
Mon Jan 27, 2020 4:06 pm
5) Reading through some posts I came across these terms USOC and RSOC I am not sure what this means is this something I need to consider for my new application in case If I get one.
You need a UCoS (unrestricted CoS) to change employers/sponsor within the UK.

RCoS (restricted CoS) is for entry clearance visas outside the UK.
Changing the employer doesn't reset the counter towards the ILR, does that mean even if the job code in COS changed?
No and yes.
Thank you, it was very helpful


During my curtailment period, I will not be getting salary that means I won't pay any Tax/NI does that affect the ILT criteria?

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Re: Tier2 General- Switching the company

Post by quoala » Tue Jan 28, 2020 11:40 pm

So you are not going to get paid in your 2 months notice as garden leave? That's really unfair.

There is no gap rule when applying for IRL on 5 years T2 route, as long as you stay in the same visa route legally during the 5 years.

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Re: Got Redundant on Tier 2 Gen - need your help

Post by CR001 » Wed Jan 29, 2020 6:05 am

During my curtailment period, I will not be getting salary that means I won't pay any Tax/NI does that affect the ILT criteria?
No.
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Re: Got Redundant on Tier 2 Gen - need your help

Post by vtox » Sun Feb 02, 2020 12:16 pm

To quoala, they said they will pay during garden leave for 2-month and that will be the usual salary and I have also opted to work during those 2 months. what I meant in below reply was during the curtailment period I will not have any salary once I am out of the employment so that means taxs/NI will not be contributed do does that affect my ILR application for whatever months I am legally in the UK without a job?



To CR001 thank you,

Sorry I did not know how to use the board so I have created and another topic. So I am posting my other related question on this topic.

Hello,

I have been on general tier 2 for the last 3 years and now my role is getting closed/redundant, my BRP is valid for 5 years till 2022 jan. So If I get new sponsor in UK what are the documents I need to keep it ready? Mainly do I have to give UKNARIC or uni certificate stating that my study was in English medium?

This is a completely different question. After 5 years I'll be eligible for ILR, do I have to collect any specific document from my current employer which needs to be produced during ILR application, for example, leave details or ....? I just want to make sure I collect all the documents before I leave the company which might be necessary for ILR application.

If my new sponsor is ready to sponsor the visa with less salary than what I have now does that affect my ILR application? obviously they can't pay me less than the minimum required based on the standards or visa application requirement?

My current job code is 2135 does new sponsor needs to do the labor market test?

Also, I have a personal loan in the bank UK and India and I pay the installment every month since my role is getting redundant how shall I pay the loan please recommend me something that will be a great help.


Since this situation, it's been very stressful for any additional help or thought that will be a great help.

Thank you

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Re: Got Redundant on Tier 2 Gen - need your help

Post by vtox » Tue Feb 04, 2020 12:19 pm

Any help?

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Re: Got Redundant on Tier 2 Gen - need your help

Post by vtox » Sun Feb 09, 2020 5:31 pm

Please help me with your thought on the above question.

Thank you in advance

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Re: Got Redundant on Tier 2 Gen - need your help

Post by Zerubbabel » Sun Feb 09, 2020 5:48 pm

I think you need to get your priorities in the right order so you can focus your energy to address the most urgent issues of the moment.

Your focus now should be how to get either a new employer to sponsor your Tier 2 or, alternatively, to find another department within your company where you can relocate.

At the moment, you are not applying for ILR, citizenship or anything. Get the Tier 2 sorted first and anything beyond that will come in its time.

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Re: Got Redundant on Tier 2 Gen - need your help

Post by balamv » Tue Feb 11, 2020 9:52 pm

1) Resident Labour Market Test (RLMT) has to be performed by employer before offering job to non-EEA national. Even your first employer would have done that for you.
2) Employer has to advertise about the job openings on 2 websites, one on government site called ‘Find a Job’ and the other can be any website like Indeed/Reed. Having said that you should ensure that your job advert has all the mandatory components listed in the Home Office guidance.
3) Advert should be active for not less than 28 days.
4) Then your employer should evaluate all the applications and have to shortlist the candidates.
5) Employer should have proper reason for rejecting the EEA candidates. After doing all this, still if your employer is not able to find any suitable candidates within EEA/UK citizens, then they can offer a job to non UK citizens. This is to prove that your employer has not shown any discrimination.
6) Employer should have proper license to generate COS, since you are already in UK your employer will give you URCOS.
7) Only exempt from RLMT is, if salary is £159,600 or above OR a job role is on the Home Office shortage occupation. But its better to do RLMT for all software related jobs, again its my personal opinion.
8) Once you receive the COS, its better to check with any OISC registered immigration adviser before filling the visa application form.

All these are based on my personal experience and am not expert or immigration adviser. Its always good to validate with some expert. All the best!

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Re: Got Redundant on Tier 2 Gen - need your help

Post by vtox » Fri Feb 14, 2020 7:25 pm

Thank you for your response,

I am already in the process to find the other job who can sponsor me the Visa as I have a couple of months with this company. Hopefully, I get something soon.

At the same time, I also have a personal loan in the UK any thoughts on how to manage this with the bank in case of I am jobless?

Thank you

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Re: Got Redundant on Tier 2 Gen - need your help

Post by CR001 » Fri Feb 14, 2020 7:28 pm

You need to speak to the bank or citizens advice or a debt charity.

Your bank loans or financial commitments are not an immigration issue.
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Re: Got Redundant on Tier 2 Gen - need your help

Post by Zerubbabel » Fri Feb 14, 2020 8:45 pm

At the same time, I also have a personal loan in the UK any thoughts on how to manage this with the bank in case of I am jobless?
Talk also to your bank. Some may also offer a payment holiday depending on the terms of the loan.

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Re: Got Redundant on Tier 2 Gen - need your help

Post by vtox » Sun Feb 16, 2020 8:26 pm

Thank you for your advice.

Ill contact the bank tomorrow on this. My only worry is anything I do it should not affect my ILR process later, please let me know if anything I should be aware of at this point if I am getting a new sponsorer.

If the new employer is ready to sponsor general tier 2 it will be unrestricted COS by default right? (correct me if I am wrong) and what does unrestricted actually mean? is it that I can work for any employer irrespective of who the sponsorer?

Thank you

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Re: Got Redundant on Tier 2 Gen - need your help

Post by CR001 » Sun Feb 16, 2020 8:33 pm

Ill contact the bank tomorrow on this. My only worry is anything I do it should not affect my ILR process later, please let me know if anything I should be aware of at this point if I am getting a new sponsorer.
Your credit score or file does not affect ilr.
If the new employer is ready to sponsor general tier 2 it will be unrestricted COS by default right? (correct me if I am wrong) and what does unrestricted actually mean? is it that I can work for any employer irrespective of who the sponsorer?
Unrestricted cos is to sponsor someone already in the UK and can be assigned if the company has spare cos. Restricted cos is to sponsor someone outside the UK and is a submitted to a monthly cos allocation meeting and cannot be assigned until approved by HO. It has nothing do with working for any employer. On tier 2 general, you can ONLY work for your sponsor, no one else.
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Re: Got Redundant on Tier 2 Gen - need your help

Post by vtox » Fri Feb 28, 2020 3:12 pm

Thank you,

I spoke to the bank they are ready to pause my installment for a few months but will affect my credit score that's what they said.

I have been interviewed by a company they are ok to sponsor the visa but only issue is time. They are assuming it's going to take more than 3 months for which they are not ready to wait so long.

Can you please let me know how much time exactly it will take to get the new sponsorship. And labor market test is needed for my job code 2135? it comes under the shortage list.

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Re: Got Redundant on Tier 2 Gen - need your help

Post by vtox » Sat Feb 29, 2020 9:55 pm

Anyone who can share the timeline for switching the visa with in the UK? I need to share this info with the employer. Please if you can share that will be great Thank you.

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Re: Got Redundant on Tier 2 Gen - need your help

Post by CR001 » Sat Feb 29, 2020 9:58 pm

Useful to look at the timeline only thread!!!

uk-tier-2-employer-sponsored-visas/in-c ... -2100.html
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