Work Permit made redundant switch tier 2

sfgh0850 · Post by **sfgh0850** » Sun Oct 02, 2011 12:00 am

Hi

I entered UK in October 2003 on Student visa and then in 2007 got the work permit. I will be redundant as my company will close down soon.

How many days I have to get tier 2 visa. I think I have to get CoS from the employer after 28 days of advertisement.
Is the time limit 28 days or 60 days from redundancy to new tier 2 visa? Where is the documentary evidence ? Is it upto my current leave to remain as i have less than six months remaining now.

If I was still working with my current employer who is going to get shut down I would have been applying for ILR in early January 2012 as my five year finishes in early February 2012.

Please provide some advice.

Thankyou.

sfgh0850 · Post by **sfgh0850** » Mon Oct 03, 2011 6:35 pm

Please someone help.....

Post by **Lucapooka** » Mon Oct 03, 2011 6:42 pm

If your current leave has less than six months remaining, you can stay for the duration of the leave.

Curtailing leave

222. If you are no longer working for a licensed sponsor, we may curtail your leave. This may happen if:
â€¢ your employment ends before your period of leave; or
â€¢ your sponsor does not renew its licence; or
â€¢ your sponsorâ€™s licence is revoked; or
â€¢ your sponsor is taken over by another organisation and/or there is a transfer of employment, and your new employer does not apply to become a licensed sponsor within 28 calendar days of taking over the business.

223. We may curtail your leave as follows:

â€¢ to 60 days. You may wish to make a further application for leave in another category or with another sponsor; or
â€¢ with immediate effect, if the sponsorâ€™s licence was withdrawn and we consider that you were complicit in the actions that resulted in the licence being withdrawn.

224. If you have 6 months leave or less remaining, we will not curtail your leave

sfgh0850 · Post by **sfgh0850** » Mon Oct 03, 2011 9:30 pm

Thankyou Lucapooka,

But does it mean that I have to find another sponsor withing 60 days or upto the end of my leave. Because at the end I wnat to apply for ILR.

Thankyou

Post by **Lucapooka** » Mon Oct 03, 2011 10:04 pm

You can remain until the end of your leave but you can't be without a sponsor during that time. You will break your residence period if you are without work for a period of 3 months.

sfgh0850 · Post by **sfgh0850** » Mon Oct 03, 2011 10:25 pm

Thankyou once again Lucapooka,

1. so in how many days do I have to find the new sponsor.

2. And one more thing when is my redundancy period starting. My employer has told all of us last week about the insolvency and they are not paying any money nor any notice is given to anyone. However nothing is given to me in writing.

Thankyou

sfgh0850 · Post by **sfgh0850** » Mon Oct 03, 2011 10:28 pm

Just to add..

my company has still not gone under insolvency (even today)
and they have not given any letter to me
Am i still employed??

Thankyou

Post by **Lucapooka** » Mon Oct 03, 2011 10:31 pm

You are still employed until you are given notice and then may or may not have to work for a statutory period or they may simply pay you off on the day.

sfgh0850 · Post by **sfgh0850** » Mon Oct 03, 2011 10:37 pm

I do not think that they intend to pay anything. Does pay has any adverse effect for ILR in such conditions.

If UKBA asks me about my job, on what basis can i say that I am employed. My employer has told all of us that they will not pay and if we still want to go the office we can go voluntarily.

Thankyou

Post by **Lucapooka** » Mon Oct 03, 2011 10:46 pm

There are laws relating to employment in the UK but it's not clear, from what you are saying, exactly what is happening with you. It sounds like you, yourself, have no idea what your current employment situation is so I don't know how others could be expected to know and comment.

sfgh0850 · Post by **sfgh0850** » Mon Oct 03, 2011 10:56 pm

OK, let me explain

Last week my employer told all of us that they will go for insolvency and they do not have money to pay us. If we want to go to office then we go voluntarily.

After that everyday I am going to office except today. No one else is coming from today to the office.

I will go to office tomorrow and the day after and so on unitl they say stop coming.

But as far as money or salary is concerned, they have not paid for even the month of september and they will not pay for future.

They are saying that the insovancy practitioner will do whatever is ok.

that is what i know, nothing more.

Now the question is what is the date of my redundancy. Should there be any notice period.

When whould i find another sponsor.

Very worried and stressed

It is good that you are replying

madona587 · Post by **madona587** » Tue Oct 04, 2011 10:13 am

Have you got a work contract ? What does it says ? There are certain rules and regulations for companies which they have to follow and it seems your company is very dodgy..

sfgh0850 · Post by **sfgh0850** » Mon Oct 10, 2011 8:22 pm

No. I do not have written contract.

I would like to ask another question.
As I read on UKBA website that a work permit holder can switch to tier 4 student visa, I would like to know that after how many days of being umemployed can that happen. Remember that I hava less than 6 months visa left and for that reason UKBA website says my visa will not be curtailed. Another thing that if I find a new sponsor, is it supposed in 28 days or 60 days or until before my visa expires (as it valid for less thann 6 months).

Please guide me.

Post by **Lucapooka** » Mon Oct 10, 2011 9:56 pm

sfgh0850 wrote:Remember that I hava less than 6 months visa left and for that reason UKBA website says my leave will not be curtailed

Correct but you will have broken your leave because you are not working so it won't help you with your ILR. Also, you are perhaps overlooking that one of the conditions of ILR from Tier 2 is that your company needs to write a letter confirming that your are still required for the job. Clearly that is not going to happen.

If you switch into Tier 4 you will not be able to aggregate any time spent in the UK on that category into your Tier 2 residence period of five years to be eligible for ILR.

sfgh0850 · Post by **sfgh0850** » Mon Oct 10, 2011 10:11 pm

so in how many days I should get a new sponsor from the date of redundancy.

My employer has not given me any notice or any document whatsoever for the redundancy, even today I was at the office, obviously they are not going to pay for that.
I think I am still employed, but will not be paid. Last month's salary is not yet paid and today they said they will pay partial amount and in a day or two they will go for insolvency(voluntary)

Post by **Lucapooka** » Mon Oct 10, 2011 10:16 pm

sfgh0850 wrote:so in how many days I should get a new sponsor from the date of redundancy.

My employer has not given me any notice or any document whatsoever for the redundancy, even today I was at the office, obviously they are not going to pay for that.
I think I am still employed, but will not be paid. Last month's salary is not yet paid and today they said they will pay partial amount and in a day or two they will go for insolvency(voluntary)

You need to seek competent legal advice on the matter of your employment (or pending unemployment). What are your co-workers saying; it sounds like chaos but someone must have a clue? Only when you know your actual work circumstances can the immigration issues be resolved.

sfgh0850 · Post by **sfgh0850** » Mon Oct 10, 2011 10:23 pm

Coworkers are trying to go to employment tribunal. I am trying to get another job and am busy to do that and therefore cannot pay attention to other issues. In the process someone told me to switch to student visa. I am here for more than 8 years (student + working) so if i go to student visa and get 10 years there might be some hopes of ILR.

If I find another employer, then I am worried about the period of days in which I should do that. I am old work permit holder and I would like to know that if I go for tier 2 now then the umemployed period will effect my ILR or not.

very stressed and confused as I have a family to take care of.

ali111 · Post by **ali111** » Thu Nov 17, 2011 12:23 am

Hi sfgh0850,

I am facing the exact situation...
can help me with situation...

how many days do we get to find new sponsorer....
30 or 60?

Thanks

arsenal49 · Post by **arsenal49** » Thu Nov 17, 2011 1:12 pm

sfgh0850 wrote:Coworkers are trying to go to employment tribunal. I am trying to get another job and am busy to do that and therefore cannot pay attention to other issues. In the process someone told me to switch to student visa. I am here for more than 8 years (student + working) so if i go to student visa and get 10 years there might be some hopes of ILR.

Correct, as per current rules. Do keep one eye on the announcements from govt as they are currently overhauling the laws relating to ILR. There is a sticky thread in "general" section of this forum detailing more about whats been happening in that regard

If I find another employer, then I am worried about the period of days in which I should do that. I am old work permit holder and I would like to know that if I go for tier 2 now then the umemployed period will effect my ILR or not.

contact local Citizens advice bureau clinic if you dont wanna go expensive legal help route!

very stressed and confused as I have a family to take care of.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Work Permit made redundant switch tier 2

Work Permit made redundant switch tier 2

work permit made redundant

tier2 visa issue same as sfgh0850