Redundancy - on Tier 2 Visa

[amanlamba1]

Hi

My company is going into administration next week. It is highly likely that there are no buyers and there is no other way to come out of the problem with cash which we are facing. Most likely we all will be made redundant next week itself. I am on Tier 2 G Visa since Aug'16. One option for me is to switch to my wife Tier 2G Visa as a dependent, but this will reset my 5 year period for ILR. I want to find a new job. My questions:

1. How much time company gets to inform Home office about my redundancy?

2. How much time 'over all' will I get to find a new job, so that my 5 year contentious period is not breached? I can survive without working during that job-search period, irrespective of its duration.

3. Is it possible that someone (not my relative) buys the company (one of the subsidiaries which employs me) from administration and the sole purpose of that company would be to sell my services to other companies. Can I retain my Visa in that case?

4. If Home office curtails my leave and at that time I am outside UK, will I face problems in entering back to UK to join my wife here in UK?

Many thanks
Regards
Aman

[CR001]

1. How much time company gets to inform Home office about my redundancy?

Usually within 10 days of your last working day.

2. How much time 'over all' will I get to find a new job, so that my 5 year contentious period is not breached? I can survive without working during that job-search period, irrespective of its duration.

It depends on how long it takes for you to get the curtailment letter. Some get it very quickly, others get it after a few months. If your visa is curtailed, you have 60 days.

3. Is it possible that someone (not my relative) buys the company (one of the subsidiaries which employs me) from administration and the sole purpose of that company would be to sell my services to other companies. Can I retain my Visa in that case?

You cannot 'contract' or 'sell your service' to other companies. Any new owner would have to apply to be a sponsor and get a licence.

4. If Home office curtails my leave and at that time I am outside UK, will I face problems in entering back to UK to join my wife here in UK?

Probably yes.

[amanlamba1]

Many thanks for the quick response. For more clarification:

1. If time taken by my company to inform HO + letter of leave curtailment from HO takes 30 days. Then I get 30 + 60 = 90 days to find a new job. What if 90 days period expire and I have to leave to my home country and then I get a job in next 2 to 3 months with Tier 2 G to UK? Will it be a continuous 5 year period for ILR entitlement?

2. I am not planning to do contracting or sell my services. If the new buyer gets a sponsorship licence, can I be the sole or one of two employees of the company and still be on my Tier 2 G Visa?

Many thanks once again for your time, very much appreciated.
Regards
Aman

[CR001]

1. If time taken by my company to inform HO + letter of leave curtailment from HO takes 30 days. Then I get 30 + 60 = 90 days to find a new job. What if 90 days period expire and I have to leave to my home country and then I get a job in next 2 to 3 months with Tier 2 G to UK? Will it be a continuous 5 year period for ILR entitlement?

As was answered when you previously asked the same question in February here (click)

2. I am not planning to do contracting or sell my services. If the new buyer gets a sponsorship licence, can I be the sole or one of two employees of the company and still be on my Tier 2 G Visa?

You can be the only sponsored person, however it must be a genuine job and you and the sponsor still need to meet all the requirements.

[amanlamba1]

Thank you.