Tier 2 Furloghed Workers (COVID-19)

[tier2genmisery]

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]

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.

[CR001]

uk-tier-2-employer-sponsored-visas/covi ... 99566.html

[tier2genmisery]

uk-tier-2-employer-sponsored-visas/covi ... 99566.html

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]

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]

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.

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!

[klownking]

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]

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]

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]

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

[CR001]

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.

[zimba]

uk-tier-2-employer-sponsored-visas/covi ... l#p1891327

[tier2genmisery]

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.

[CR001]

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.

[klownking]

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]

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

[zimba]

Requirements for ILR do not change. You need to be paid the min as per COS for ILR.

[vtox]

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?

[zimba]

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

[tier2genmisery]

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

[tier2genmisery]

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

[zimba]

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

[tier2genmisery]

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

[wanderer05]

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

[tier2genmisery]

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?