My friend's situation:
5 year Work permit issued on - 22nd January 2008
Work permit expiry date - 22nd January 2013
UK Entry date: 1st March 2008
Redundancy date: 6th Dec 2012
Wasn't paid for November 2012, No salary slip for/since Nov 2012.
There wasn't any notice period given for redundancy - it was like the first thing you are told one fine morning when you reach your work place
He has only worked for this company after entering UK. The company (had about 210 employees including me) is now insolvent and under administration. So, unfortunately for him, he was made redundant at a time when he was very close to his ILR eligibility.He has been trying to get a new job from any company who could sponsor a tier-2, but till now, his efforts haven't succeeded. His job title was Animator in a game company (an SOC code for that title exists in the ukba pdf.). In the meanwhile, the director of the insolvent company (lets call him Mr. X) has offered him a job in the new company that he has formed, and infact my friend has a job offer letter in his hand. But unfortunately, this new company doesnot have the license to issue a tier-2 sponsor. So the letter states that the offer is valid as long as my friend is eligible to work in the uk.
My friend has approached a couple of solicitors, and one of them has suggested him a twisted 2 stage plan, which we are not sure if is worth pursuing. This is the solicitors plan of action :
Stage 1 :
1) Solicitor applies for a Tier-2 visa for my friend a couple of days before his visa expires - via postal - the new offer letter from Mr.X will be included in the application (Please note that neither Mr.X nor his new company have a sponsor license)
Stage 2:
2) Between 1-2 weeks after the tier-2 application, the solicitor will withdraw the tier-2 application and/or change it to a ILR application. He says, by that time, my friend would be eligible to apply for ILR. Salary proof and the required company letter (saying this guy is required for a forseeable future - including SOC code) will be provided by MR. X on a letterhead of his new company.
3) Solicitor says he will issue my friend with a document which will enable him to work for any employer till the status of his tier-2 application is not decided by ukba. (I have no clue what is this document that the solicitor mentions .... Can any IB gurus please comment on this claim by the solicitor ? Is this possible ? ... thanks ! )
4) Using the solicitor's letter/document, my friend starts working for Mr. X at his new company.
(a)Is this plan worth pursuing? (b)What do the gurus think of this plan? (c)Have you come across something similar? (d)Did it work? (e)Do you think this will work? (f)What are the drawbacks?
Any response you give are highly appreciated, thanks
Regards,
H Dravid