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Tier 2 (ICT) - Redundancy after TUPE transfer

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

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madhubanti
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Tier 2 (ICT) - Redundancy after TUPE transfer

Post by madhubanti » Tue Jul 12, 2016 9:55 am

The work is do is getting TUPE'd over and it is certain that I will be made redundant by the acquiring company. I have a Tier 2 (ICT) Long Term visa valid for another 2.5 years. Will the redundancy curtail my leave and start the cooling-off period or will I be allowed to look for new employment on my own?

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Frontier Mole
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Re: Tier 2 (ICT) - Redundancy after TUPE transfer

Post by Frontier Mole » Tue Jul 12, 2016 6:49 pm

As long term ICT, redundancy pre or post TUPE is going to leave you in an incredably poor position. You essentially will have your leave curtailed at some point in the future after your redundancy, with no prospect of remaining in the UK in order to carry on working.

Any move to another tier 2 will require the 12 month cooling off period, in your case.

Any chance of a partner if you have one getting a tier 2 job?

madhubanti
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Re: Tier 2 (ICT) - Redundancy after TUPE transfer

Post by madhubanti » Wed Jul 13, 2016 6:40 am

Thank you for the clarification. My partner is here on a dependent visa and although very qualified, he has not been able to secure a position anywhere yet. Would you be able to tell me how much time I legally have after a redundancy to leave the country?

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Frontier Mole
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Re: Tier 2 (ICT) - Redundancy after TUPE transfer

Post by Frontier Mole » Wed Jul 13, 2016 7:59 am

It all comes down to the curtailment letter. Your redundency does not actually trigger any time scale.
Your employer has to inform UKVI that you are no longer employed. They have 10 working days from the end of your actual contractual last day.

UKVI will at some point a few weeks later (there is a backlog) send you a visa curtailment letter.

The letter will give you 60 days from that point on to either leave or apply / obtain further leave to remain under whatever visa.

Hope that helps

madhubanti
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Re: Tier 2 (ICT) - Redundancy after TUPE transfer

Post by madhubanti » Wed Jul 13, 2016 9:56 am

That is very helpful. Thank you so much.

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