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Layoff on a Skilled worker visa with another 18 months needed for ILR

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

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ukmallu12
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Layoff on a Skilled worker visa with another 18 months needed for ILR

Post by ukmallu12 » Sun Sep 22, 2024 2:08 pm

Hello everyone

I am on a Skilled worker visa, completed 3 years and 3 months in the UK and is affected by a massive layoff.
I am not even getting any interview calls at the moment and really worried that I might have to go back by December end/January beginning.

I am working as a software engineer with 65K in the current COS. The current visa is valid till 2027 Sep, though I would be eligible for ILR by 2026 May.

Could someone please help with the below queries:
1. What are my options to stayback and get ILR?
2. Can I move to a COS with minimum salary range needed for Skilled worker visa, lets say 30K annually?
3. Is there any other visa option which I could move to stayback and not reset the ILR clock?

Kindly advice. Thanks in advance!

ukmallu12

razergd1
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Re: Layoff on a Skilled worker visa with another 18 months needed for ILR

Post by razergd1 » Sun Sep 22, 2024 11:49 pm

ukmallu12 wrote:
Sun Sep 22, 2024 2:08 pm
Hello everyone

I am on a Skilled worker visa, completed 3 years and 3 months in the UK and is affected by a massive layoff.
I am not even getting any interview calls at the moment and really worried that I might have to go back by December end/January beginning.

I am working as a software engineer with 65K in the current COS. The current visa is valid till 2027 Sep, though I would be eligible for ILR by 2026 May.

Could someone please help with the below queries:
1. What are my options to stayback and get ILR?
2. Can I move to a COS with minimum salary range needed for Skilled worker visa, lets say 30K annually?
3. Is there any other visa option which I could move to stayback and not reset the ILR clock?

Kindly advice. Thanks in advance!

ukmallu12
1. You must find new employer to sponsor you. Otherwise, at a certain point your current visa will be curtailed. Even if it is not and you can be self sufficient you still need to be sponsored to apply for ILR under SWV route.
2. You can't do anything with your COS. It's an employer with license that must apply for a new COS for you. So you must get a job offer from a sponsor.
The minimum salary (going rate) for SW engineers I believe is approx. 50k but you may be eligible for the lower rate if you find a sponsor.
3. Global talent visa is a possibility if you can get an endorsement in your field. Other visas will almost certainly reset your clock.

I really feel for you. I used to work for a major employer of sponsored employees who recently made massive layoffs so I know few people in this situation.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.
I take no responsibility for following them.

ukmallu12
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Re: Layoff on a Skilled worker visa with another 18 months needed for ILR

Post by ukmallu12 » Sun Oct 20, 2024 12:05 pm

Thank you razergd1

Anyone knows what is the current timelines for receiving the curtailment letter from home office?

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Re: Layoff on a Skilled worker visa with another 18 months needed for ILR

Post by CR001 » Sun Oct 20, 2024 12:34 pm

It can take a few months. It is not immediate.
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ukmallu12
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Re: Layoff on a Skilled worker visa with another 18 months needed for ILR

Post by ukmallu12 » Tue Oct 22, 2024 10:28 am

CR001 wrote:
Sun Oct 20, 2024 12:34 pm
It can take a few months. It is not immediate.
Thank you CR001

Lets say the company notifies home office by end of November.
Do you think it would be a good idea to stay here and search for a job till March end?
Would I get that much time?
I don't see any openings now, maybe coz this is the last quarter.

What would be your(others also) suggestion?

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CR001
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Re: Layoff on a Skilled worker visa with another 18 months needed for ILR

Post by CR001 » Tue Oct 22, 2024 10:48 am

You can stay until your visa is curtailed.

You cannot do any type of work at all though until you have a new visa.
Char (CR001 not Casa)
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Re: Layoff on a Skilled worker visa with another 18 months needed for ILR

Post by nitty_gritty » Tue Oct 29, 2024 8:51 pm

ukmallu12 wrote:
Tue Oct 22, 2024 10:28 am
CR001 wrote:
Sun Oct 20, 2024 12:34 pm
It can take a few months. It is not immediate.
Thank you CR001

Lets say the company notifies home office by end of November.
Do you think it would be a good idea to stay here and search for a job till March end?
Would I get that much time?
I don't see any openings now, maybe coz this is the last quarter.

What would be your(others also) suggestion?
Sorry that you are in this situation. Cannot guarantee how long you have but one data point: my partner's job ended in March 2024 and they did not get any letter till September 2024. Then they got a new job with sponsorship. With layoffs being very common these days in the UK, I wouldn't expect the timelines to improve. Keep searching and preparing/upskilling without worrying about getting the letter. Wish you all the best!

ukmallu12
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Re: Layoff on a Skilled worker visa with another 18 months needed for ILR

Post by ukmallu12 » Thu Oct 31, 2024 9:40 am

Thanks nitty_gritty, I'll try my best
nitty_gritty wrote:
Tue Oct 29, 2024 8:51 pm
CR001 wrote:
Sun Oct 20, 2024 12:34 pm
It can take a few months. It is not immediate.
Sorry that you are in this situation. Cannot guarantee how long you have but one data point: my partner's job ended in March 2024 and they did not get any letter till September 2024. Then they got a new job with sponsorship. With layoffs being very common these days in the UK, I wouldn't expect the timelines to improve. Keep searching and preparing/upskilling without worrying about getting the letter. Wish you all the best!
[/quote]

ukmallu12
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Re: Layoff on a Skilled worker visa with another 18 months needed for ILR

Post by ukmallu12 » Thu Oct 31, 2024 9:41 am

CR001 wrote:
Tue Oct 22, 2024 10:48 am
You can stay until your visa is curtailed.

You cannot do any type of work at all though until you have a new visa.
Thanks CR001

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Re: Layoff on a Skilled worker visa with another 18 months needed for ILR

Post by zxyzhgp » Thu Oct 31, 2024 10:27 am

hmm, massive layoff
Based on the mini budget, employers have to pay more NI so they are less likely to hire staff :| , will be more difficult for immigrants
Good luck bro

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Re: Layoff on a Skilled worker visa with another 18 months needed for ILR

Post by peeta » Sat Nov 16, 2024 7:26 pm

CR001 wrote:
Tue Oct 22, 2024 10:48 am
You can stay until your visa is curtailed.

You cannot do any type of work at all though until you have a new visa.
not technically correct, I think. OP can do 20 hrs of 'supplementary' work as a Software Engineer (presumably the same job code as his original CoS) for another employer ?

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Re: Layoff on a Skilled worker visa with another 18 months needed for ILR

Post by CR001 » Sat Nov 16, 2024 7:33 pm

peeta wrote:
Sat Nov 16, 2024 7:26 pm
CR001 wrote:
Tue Oct 22, 2024 10:48 am
You can stay until your visa is curtailed.

You cannot do any type of work at all though until you have a new visa.
not technically correct, I think. OP can do 20 hrs of 'supplementary' work as a Software Engineer (presumably the same job code as his original CoS) for another employer ?
Incorrect.

A worker can only do supplementary work IF they are still employed by their visa sponsoring employer!
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Layoff on a Skilled worker visa with another 18 months needed for ILR

Post by peeta » Sun Nov 17, 2024 9:01 am

oh yes, make sense, thanks

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