Tier 2 + Maternity Leave + Company under administration

[anigo]

Hello, Please help!

I am in the worst possible situation. My company is now under administration and waiting for the outcome which might take a couple of weeks. I am on Tier 2 visa and am about to start my maternity leave on 1st June'16 for 52 weeks.

My questions:
1. If the company shuts down, what happens to my visa, maternity leave? If I am given a notice of 60 days (curtailment) I can't afford to leave the country as I am about to deliver by baby in mid July. Will I be able to claim for my maternity pay from HMRC and my curtailment will start after the maternity leave?

2. If the administrators choose to make all the employees redundant, what can I claim? Will this be an unfair dismissal? As obviously I didn't see this coming.

I can't even look for another employer because I am in my third trimester and would like to take care of my baby for a couple of months after the baby is born rather than start working for the new employer even if I find one. And practically no one will offer me a job knowing I am at this stage of pregnancy.

It is really stressful and I will appreciate if someone can throw light on the possible outcomes of this situation and also advise me where I stand with my maternity leave/pay and right to remain in the UK.

[Wanderer]

1. Curtialled I guess. As yo'd have no visa you'd need to return home before confinement. I can't see you being able to claim SMP as you would no longer have leave to remain.

2. Nothing, and it's not unfair dismissal, these things happen I'm afraid.

Seem like you're in a catch 22 situation, can't really help, wait for others thought, they might have more ideas.

[anigo]

If my leave is curtailed, I can't move out in 60 days as I would either be about to deliver a baby or would have just delivered. Isn't there something like human rights here?

[CR001]

If my leave is curtailed, I can't move out in 60 days as I would either be about to deliver a baby or would have just delivered. Isn't there something like human rights here?

It takes a while for the curtailment letter to be issued. HO will only be notified of your employment termination once you have left the company. You will need to leave the UK by the last date of the curtailment if you are not able to change sponsors.

No, there is no 'human rights' issue here.

[anigo]

Will I be able to switch to Tier 2 dependant within the country? As my husband is on Tier 2 general as well? I cant find any information about switching to tier 2 dependant within the UK. Can you please advise and shed some light?

[CR001]

If your husband is on his own Tier 2 General visa, then yes, you can switch to that within the UK. It would have been helpful if you had stated this in your opening post.

[anigo]

I am sorry I didnt know its possible as I didnt get any information about it online. Can you please advise me on the procedure if its not too much to ask for? I cant even find any post on immigrationboard regarding it.

It will be great of you.

[CR001]

It is an online application. See the heading "Dependents applying in the UK on their own" in the link below.

https://www.gov.uk/tier-2-general/family-members

You can apply by post or in person for a same day decision. You must apply before your current visa expires etc. You will also have to pay the Immigration Health Surcharge.

See also this 'sticky' post which was at the top part of the page on this sub forum.

Switching to PBS Dependent route (click)

[anigo]

Hello CR001, thank you for your reply. I will wait to hear back from the employer first to know what is the fate of the company after all this as I believe we all will be infomed if we have lost our jobs or not. However, if I apply for Tier 2 dependant after redundancy is done, will that be possible? My visa is currently till 2019. But not sure if being made redundant means that the visa has lost its original expiry date?

[CR001]

If you are made redundant and are no longer employed, your sponsor has to inform HO that your employment has terminated and this will trigger visa curtailment and cancellation, your current expiry date will no longer be valid.