Made redundant on Tier 2

[lolo2]

Hi everyone!

I started working for a company which issued a CoS for me to apply for a Tier 2 visa (I switched from Tier 4 to Tier 2). My occupation is in the shortage list.

The thing is that I have been made redundant after 8 months of working in that company. The reason was a decline in business so that the company decided to made redundant all the technical staff.

This happened three months ago and I have not yet received any letter or email from the Home Office with information about how long I can stay in the UK. I have been applying for jobs, attending interviews and no luck so far.

I found myself without any money and unable to work in anything else as nobody wants to hire me giving my circumstances: Tier 2 which means only work for a specific company. I tried applying even as a cleaner and they can't hire me.

The other thing is that I can't travel outside the UK as I won't be allowed to re-enter to the country. I am very stressed with this situation.

Has anyone faced the same situation? How long I have to wait for this letter from the Home Office?

[CR001]

Curtailment letters can take many months to get sent out.

You are not permitted to do any type of work at all. If you do, you will be in breach of the immigration rules.

[lolo2]

I know, and that's my biggest concern.

My bank account is drained and I can't work in anything, what should I do now? Can I seek for government assistance or something while I find a new job?

[CR001]

Can I seek for government assistance or something while I find a new job?

Unfortunately not as your visa states no recourse to public funds.

The only thing you could potentially claim is contributions based JSA.

[JB007]

Can I seek for government assistance or something while I find a new job?

Unfortunately not as your visa states no recourse to public funds.

The only thing you could potentially claim is contributions based JSA.

Now called New Style JSA, but this is only if the claimant has contributed to the UK for the last two tax years by working and paying National Inusurance.
https://www.gov.uk/guidance/new-style-j ... -allowance

Even if they can claim this, it is only about £72 per week and is limited to six months or until their visa is curtailed, whichever is soonest.

[lolo2]

Now called New Style JSA, but this is only if the claimant has contributed to the UK for the last two tax years by working and paying National Inusurance.
https://www.gov.uk/guidance/new-style-j ... -allowance

Even if they can claim this, it is only about £72 per week and is limited to six months or until their visa is curtailed, whichever is soonest.

I have just read about this.

I have contributed to the UK during the time I was working for that company only, 8 months. That means I am not eligible for the assistance I'm afraid.

Potential employers are worrying about my status as I can't start working for a new company before I get a new BRP. It can take several weeks (or even months), so that definitely is affecting my applications now.

Not sure what else I can do now, I tried everything.

[CR001]

Potential employers are worrying about my status as I can't start working for a new company before I get a new BRP. It can take several weeks (or even months), so that definitely is affecting my applications now.

Super priority is a decision within 24 hours.

Standard service is within 8 weeks.

[lolo2]

Super priority is a decision within 24 hours.

Standard service is within 8 weeks.

Yes, I know. One thing is the decision time and another one is receiving a BRP.

I paid the super priority service the first time and the decision was made in 2 days, but I received the BRP two months after that.

By the way, can I ask for some money back from this application if I am unable to find a new job and have to leave the country?

According to the Home Office, an employee can't start working in a new company until they receive the new BRP:

"You should not start your new job until you’ve received your biometric residence permit with your new permission."

https://www.gov.uk/tier-2-general/extend-your-visa

When you switch from Tier 4 to Tier 2 you can start working immediately as the Tier 4 allows you to work full time after you finish your degree, before it expires and while you are waiting for your Tier 2 BRP. That's what everyone does.

But I found that changing sponsors under a Tier 2 is more complicated, and employers consider that when hiring someone under a Tier 2.

[CR001]

Switching employers is different and you can only work for a new sponsor when you have the new tier 2 visa.

By the way, can I ask for some money back from this application if I am unable to find a new job and have to leave the country?

No you paid for a visa and received a visa.

[lolo2]

No you paid for a visa and received a visa.

True.

I paid for a 3-year application, including the Healthcare surcharge which is charged on an annual basis, but I am unable to continue working for a reason beyond my control.

From a service point of view, an applicant should be able to claim a refund if this time is curtailed for a reason not imputable to the applicant, as the service will not be provided for the remaining time.

[CR001]

https://www.gov.uk/healthcare-immigrati ... on/refunds

You will not get a refund if:

your visa application is successful but you do not come to the UK
you leave the UK before your visa ends, for example to make a new application
you’re told to leave the UK before your visa expires
you’re applying for indefinite leave to remain or changing to another visa where you do not need to pay the IHS

[lolo2]

UPDATE!

I got a new offer and waiting for a new BRP now.

I also contacted the Home Office by phone and they told me that the money I paid for the IHS with my first application will be refunded for the time remaining after I receive the new BRP.

Worth to mention that I paid £200 per year for 3 years, and now the IHS is £400 a year.

[MarbleMarch]

Congrats, mate! That's great news!

[lolo2]

Thanks mate, it's been a long journey.

[Daddy0]

Wow. Just reading your story and this is definitely good news. I’m so happy for you and encouraged by your news!

[lolo2]

Thank you.

Prayers, focus and dedication are a powerful combination.

[lolo2]

I also contacted the Home Office by phone and they told me that the money I paid for the IHS with my first application will be refunded for the time remaining after I receive the new BRP.

Worth to mention that I paid £200 per year for 3 years, and now the IHS is £400 a year.

By the way, I can confirm refund of the IHS money for the time remaining in my old BRP.

[vtox]

@lolo2 I am in a similar situation. 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

[vtox]

@lolo I am in exactly in the same situation like you can you please help me with few details above .

[lolo2]

Hi vtox,

I apologise for not responding quicker, I have been very ill recently and away of any internet. I will try to answer your questions based on my experience:

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

It depends on the Home Office. In my case, I waited for more than 5 months to get notified about my time remaining in the UK and never received anything from them. I spent that time applying for jobs.

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

I guess you are talking about getting a new BRP? When you find a new job with a new sponsor, you have to apply for a new BRP. The timing depends on what kind of service you pay (Standard, Priority or Super Priority), being the Standard the slower (and cheaper) taking up to 8 weeks and the Super Priority the quicker (and more expensive) taking a few days. However, this time can vary in every case.

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

I am not a 100% familiar with the ILR process yet. From my understanding, as long as you have been resident in the UK for 5 years without very long absents, you can apply for the ILR no matter how many employers/sponsors you had during that time. I am not sure if the time you spend without any job or while finding a new sponsor counts or not.

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?

Again, I am not very familiar with this process yet, so not sure what else could affect this.

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.

UCOS means Unrestricted Certificates of Sponsorship which are to employ prospective employees who are already in the UK or are outside of the UK and will be working in a role which pays £159,600 a year or more.

RCOS means Restricted Certificates of Sponsorship which are for prospective employees who are based abroad, and planning to work in the UK in a role paying less than £159,600 a year.

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

The location where you apply does not matter (as long as you are in the UK), the timing depends solely on the sort of service you pay for the application and how quick is the Home Office processing it.

Hope it helps!