very urgent! tomorrow final meeting pls help me

[mvasudevan1984]

Hi all

Tier 4 and Tier 1 - since 6 Feb 2009 (spent 7 years, 9 months so far)

Tier 2 G Visa - since 7 May 2013 (spent 3 years, 6 months so far)

My director called me today said my post is under redundancy
But he also said that would like to avoid redundancy still willing to have me as part time working for the company under same visa tier 2 G

Is it possible ?
How long possible ?
What must be the minimum weekly working hours ?
Will that affect getting ILR in future ?



please help immigration board gurus

[noajthan]

You are either redundant or you are not.
You can't be redundant but with the option to agree to work less hours.

[mvasudevan1984]

You are either redundant or you are not.
You can't be redundant but with the option to agree to work less hours.

Not yet redundant , but director he want to avoid making me redundant

if my visa allows continuing working under same visa same employer but as part time

then redundancy will be avoided and will be asked work as part time for the same role

[mvasudevan1984]

Immigration gurus , Please help .
I cant see related topics here. Much tensed

[eduleal]

Hi there,

It seems that your employer could be in breach of their sponsorship responsibilities if they simply reduce your work hours in half on the same visa. That would have to be informed.

The big question is whether your annual income would still be above the minimum threshold.

In some cases you're simply NOT allowed to work for less than 30 hours, so there is a lot of stuff to go through. Have a read at the current Tier 2 policy guidance.

[mvasudevan1984]

Hi there,

It seems that your employer could be in breach of their sponsorship responsibilities if they simply reduce your work hours in half on the same visa. That would have to be informed.

The big question is whether your annual income would still be above the minimum threshold.

In some cases you're simply NOT allowed to work for less than 30 hours, so there is a lot of stuff to go through. Have a read at the current Tier 2 policy guidance.

Thanks for your reply
I can ask them to notify the UKBA about reducing the hours. Which they will be happy to do
But I wont meet the annual threshold but if they calculate per hours basis then I will be meeting the criteria

Say like I'm working 37.5hrs now , if i'm reduced to 20 or 30 hrs whatever. Salary will be same on hourly basis

£31k is my current salary for 37.5hrs. £30.5k is my salary threshold.
If I work for 20hrs for a week then it will be £16,536.00

[eduleal]

Hi there,

Issue 1 is that it doesn't meet the minimum £20,800 per annum, which I think is independent of the number of hours worked. Your Code of Practice salary can be proportional to the amount of hours, but not sure about the 20.8k minimum.

Another issue with that is you won't make the minimum earnings threshold of 35k for ILR in the future - which is not pro rated, but an overall minimum.

More importantly, as far as I understand it, this is a major change in circumstance that would require a fresh change of employment application.

Also, IF your job is on the shortage occupation list you cannot work for less than 30 hours.

I would try and negotiate at least 30 hours or ask them to check with UKVI (not UKBA) before making a decision.

[mvasudevan1984]

Hi there,

Issue 1 is that it doesn't meet the minimum £20,800 per annum, which I think is independent of the number of hours worked. Your Code of Practice salary can be proportional to the amount of hours, but not sure about the 20.8k minimum.

Another issue with that is you won't make the minimum earnings threshold of 35k for ILR in the future - which is not pro rated, but an overall minimum.

More importantly, as far as I understand it, this is a major change in circumstance that would require a fresh change of employment application.

Also, IF your job is on the shortage occupation list you cannot work for less than 30 hours.

I would try and negotiate at least 30 hours or ask them to check with UKVI (not UKBA) before making a decision.

I spoke to my solicitor he told upto 1 year employer can reduced the working hours
I confused with it now

[noajthan]

It sounds like constructive dismissal.

[mvasudevan1984]

It sounds like constructive dismissal.

May be
Now i'm just looking for my options bro

[eduleal]

The problem is that if they simply reduce it to under 20.8k they would definitely be breaching the conditions.

Therefore, for the purpose of tomorrow's meeting - I would negotiate at least 30 hours that would keep you above the minimum levels (although not eligible for ILR), then check the requirement to re-apply etc.

[Frontier Mole]

Unless the entire company is going onto a part time basis to save jobs you can't reduce your hours in isolation.

If you are one of a number of similar workers in the same role not a single UK/EEA worker can be made redundant unless you are made redundant first. At no time can a tier 2 worker take preference over a settled worker in a redundancy situation.

If you survive the above then you have contend with the issue of meeting the minimum salary threshold as already stated.

Even then expect UKVI to become interested because with a substantial reduction in hours is the role viable and does it meet the genuine vacancy test?

Your deal from your employer has to cover all the above to ensure you and your employer stay the right side of the Sponsorship Duties and guidance.

Wishing you luck.

[mvasudevan1984]

Unless the entire company is going onto a part time basis to save jobs you can't reduce your hours in isolation.

If you are one of a number of similar workers in the same role not a single UK/EEA worker can be made redundant unless you are made redundant first. At no time can a tier 2 worker take preference over a settled worker in a redundancy situation.

If you survive the above then you have contend with the issue of meeting the minimum salary threshold as already stated.

Even then expect UKVI to become interested because with a substantial reduction in hours is the role viable and does it meet the genuine vacancy test?

Your deal from your employer has to cover all the above to ensure you and your employer stay the right side of the Sponsorship Duties and guidance.

Wishing you luck.

Dear Frontier mole
Thanks for your help
My employer withdrawn his decision and asked to continue
Happy Ending

[eduleal]

Great news.

[Frontier Mole]

Excellent