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Tier 2 General Made Redundant :') Please Advice

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

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ayesha.aykhan
Newbie
Posts: 30
Joined: Sun Sep 01, 2013 5:29 pm

Tier 2 General Made Redundant :') Please Advice

Post by ayesha.aykhan » Wed Nov 06, 2013 3:41 pm

Hi All,

I have come across a bolt from the blue. I have got my Tier 2 General in December 2012 and my company made me redundant. My last day in office will be 13th of November 2013. I have spoken with HR and convinced them to notify UKBA as late as possible off course with in 10 working days so i could borrow some time lets assume they notify UKBA on 26th November. Apparently, I have found a new job in a small and new company. New employer is willing to sponsor me and has applied for sponsorship licence last week.As i understand it will take sometime.
There is another issue which is that my new employer has changed there office address after submitting the licence application, they got employer liability insurance for old premises. I am worrying if there application will be rejected/refuse.
Can someone please advice me how much time i can stay in country after my present employer inform UKBA or is there any way i can borrow sometime?

Many Thanks,

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Wed Nov 06, 2013 7:45 pm

I expext you received one week statutory notice today, that is why you are leaving on 13 November. Is there no no other contractual notice period stated in your employment contract?

Assuming you have more than 60 days leave remaining, your visa will be curtailed to 60 days from the date the HO make their decision to curtail, NOT from the date of termination. Read page 52 onwards:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Even after the curtailment expired you can stay a further 28 days in the UK. This is because oversatying by max 28 days is disregarded in immigration applications. however, if you make an application during this 28 day window. and it is refused, you will not get a right to appeal.

Your prospective sponsor should write to the HO nforming them of their change of address and send in the required documents in respect of the new address(liability insurance, lease, etc). Note that if it is a small company the HO may wish to visit them before granting the sponsor licence - alert them and ask them to familiarise themselves with the requirements for sponsors. They are in the T2 sponsor guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

ayesha.aykhan
Newbie
Posts: 30
Joined: Sun Sep 01, 2013 5:29 pm

Post by ayesha.aykhan » Wed Nov 06, 2013 10:00 pm

Many thanks for your reply manci. actually they started redundancy process about three weeks ago and gave me a months time which would be over next week . IS there any idea when HO normally make decision of curtailment after receiving notification from employer ? I heard they take min 4 weeks to decide. I have asked my new employer to get a new liability insurance for new office. They just changed the trading address (Office where I will work) the correspondence address like VAT, PAYE or bank account address is still old one. I have told them about potential HO visit and they said they wouldnt have any problem. So l can just hope every thing get done within time other wise it gonna messed up for me

kranthi15
Junior Member
Posts: 66
Joined: Mon Oct 15, 2007 2:30 pm
Location: London UK

Post by kranthi15 » Sun Nov 10, 2013 10:33 pm

Hope its all sorted now, if its still in process i wish you good luck..
In worst case you can find some other sponsor in market who can take your case ASAP if your new employer is ready to provide service based contract.
Cheers

ayesha.aykhan
Newbie
Posts: 30
Joined: Sun Sep 01, 2013 5:29 pm

Post by ayesha.aykhan » Tue Nov 12, 2013 9:57 am

Hi Karanthi,
My ex employer told me they would inform the HO on 22nd November. I will then wait for further correspondence from HO in due course once i get that and till then if my current employer still cant get the Sponsorship licence then I will consider this option. As i have spent 6 years in UK and on this stage wouldnt like everything to end up in smoke.
Thanks
kranthi15 wrote:Hope its all sorted now, if its still in process i wish you good luck..
In worst case you can find some other sponsor in market who can take your case ASAP if your new employer is ready to provide service based contract.

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