Curtailment if made redundant on maternity

[tracey24]

Hi,

My maternity leave is about to start but my organisation is planning to make few people redunant. If I have been choosen then my leave will be curtail to 60 days in which I am suppose to look for new sponsored job. But do Home office expect someone to be on maternity and look for new job. Do they have any consideration for maternity and give extra time or wait till end of maternity leave?

Thanks
Tracey

[CR001]

The 60 days curtailment starts from when you get the letter from HO and not from date of redundancy. Curtailment letters can take a while to get sent out.

No exceptions usually.

[tracey24]

Another question with regards to this.
There are 2 rules I got to know about redundancy procedure
1. Local candidate will get preference as compared to Tier 2 candidate
2. Women on maternity should get preference.

Now if women on maternity with Tier2, then which rule will get precedence.

[CR001]

It is rare for a person on maternity to be made redundant as it can lead to an unfair dismissal case.

However as your right to stay in the UK is wholly dependent on your tier 2 sponsor, if they withdraw their sponsorship, which they can do at any time, you still have the same situation of needing to find another job and your visa being curtailed.

[tracey24]

I tried few interviews but everywhere it’s NO to sponsorship as employer feels that RMLT will fail as lot of settled worker looking for job. As I understand from 1Jan 2021 there will be no RLMT so will that benefit who are looking for Tier2. Though Jan 2021 still far but if I made redundant and don’t receive curtailment letter by then.

[CR001]

There are no rules that have been published for next year for any visa rule changes. Unclear where you read this information.

[tracey24]

If I just search on google "NO RLMT from Jan 2021" and I get lot of sites saying it will be abolished from Jan 2021.

Third party solicitor weblinks removed

[CR001]

No new rules have yet been published. The proposed changes are mostly aimed at immigration post Brext for EU citizens. Until UKVI formerly published rules and guidance, potentially a bit delayed due to the pandemic, I wouldn't get hopes up too much.

Given that unemployment of British citizens and those with ILR will increase, there will likely/probably be a push for 'locals' to be given priority.

Unclear what job you do as many members have been successful in the last couple of months in getting new Tier 2 jobs, both from abroad and within the UK.

[tracey24]

Its also published on gov.uk
https://www.gov.uk/government/publicati ... h%20points.

Please see and confirm if I am not wrong.