Redundancy during ILR application

[SidG]

Hi,
Trying for a premium appointment for ILR application on 17Dec’18(that’s the earliest I can do) but unfortunately my job is at risk in company’s redundancy process just announced and it’s highly likely that I might be made redundant by 20Nov. I have 2 months notice period so company may put me on garden leave till 20Jan’19. Questions are as follows:
1. Can I get ILR without company letter saying employent required for “Unforeseeable future” as on the date of ILR application i’ll be redundant. If not what options do I have got here. I’m a house owner in U.K.- will that help? Honestly it’s difficult to get a new sponsor with RMLT, high costs of sponsorships etc more so in brexit scenario..
2. My current BRP is valid till Jan’20 with COS, can I stay in UK till Jan’20(and hunt for new sponsorships) in case my ILR gets refused/sponsorship withdrawn or do I have to leave U.K. including 1-3months of curtailment+60days to leave as per HO?
Mods anybody sailing in same boat? Or help from previous such cases?
Thanks I’m adcance

[Djsuccess]

Hi,
Trying for a premium appointment for ILR application on 17Dec’18(that’s the earliest I can do) but unfortunately my job is at risk in company’s redundancy process just announced and it’s highly likely that I might be made redundant by 20Nov. I have 2 months notice period so company may put me on garden leave till 20Jan’19. Questions are as follows:
1. Can I get ILR without company letter saying employent required for “Unforeseeable future” as on the date of ILR application i’ll be redundant. NO
If not what options do I have got here. I’m a house owner in U.K.- will that help?
Having a house does not give any advantage towards ILR

2. My current BRP is valid till Jan’20 with COS, can I stay in UK till Jan’20(and hunt for new sponsorships) in case my ILR gets refused/sponsorship withdrawn or do I have to leave U.K. including 1-3months of curtailment+60days to leave as per HO? You can only be on TIer 2 for a maximum of 6 years. Staying still jan 20 will not help assuming your visa is not curtailed before then

Your best option is to discuss with your employer and let them know that your ILR is close and will be happy if they can be of help. You can also seek help from the CAB.
And start searching for another sponsor, hard as it may be, people are still getting jobs and sponsored

[SidG]

Thanks Djsucess, you have confirmed my worst fears.. Employer is not ready to provide employment letter with “unforeseeable future” written on it..I’m just 2months away for 5yrs of continuous stay and work in U.K. on T2G.
What is CAB please? And how can they help?
Also one more technicality- will my employer inform HO on 20Nov (the day I’ll be made redundant) or after 2months of notice period on 20Jan’19 as per contract.. Just wanted to know how much time max I have got to look for a new sponsor!!
Thanks

[CR001]

CAB = Citizens Advice Bureau

Your employer should inform HO within 10 days after your last day of employment.

Note that with redundancy in the UK, notice is often paid out and you don't get to work the notice period.

[Justlorde]

Hi,
Trying for a premium appointment for ILR application on 17Dec’18(that’s the earliest I can do) but unfortunately my job is at risk in company’s redundancy process just announced and it’s highly likely that I might be made redundant by 20Nov. I have 2 months notice period so company may put me on garden leave till 20Jan’19. Questions are as follows:
1. Can I get ILR without company letter saying employent required for “Unforeseeable future” as on the date of ILR application i’ll be redundant. If not what options do I have got here. I’m a house owner in U.K.- will that help? Honestly it’s difficult to get a new sponsor with RMLT, high costs of sponsorships etc more so in brexit scenario..
2. My current BRP is valid till Jan’20 with COS, can I stay in UK till Jan’20(and hunt for new sponsorships) in case my ILR gets refused/sponsorship withdrawn or do I have to leave U.K. including 1-3months of curtailment+60days to leave as per HO?
Mods anybody sailing in same boat? Or help from previous such cases?
Thanks I’m adcance

SidG, I’m really sorry you’re going through this right now. Having gone through this myself, I’m well aware of the pain, sorrow and frustration of this process.
Now is time for you to call in all favours you are owed and push it to highest level of reporting chain for sympathy. Tell them you’re happy to take redundancy package without contesting it, but just to help you with the letter, given it’s significance on your future life.

2. You can be on tier 2 for only 6 years. Curtailment letter will be issued after your last day of employment. You do have an option to serve your notice period, instead of taking payment in lieu for it. Also look at any holidays you have left. Offer to be on garden leave for those holidays too instead of getting paid out. Curtailment letter will be 60 days from around when you get letter or end of visa, whichever is shorter.

I sincerely hope and pray that your company helps you at this crucial Juncture of your life.

[SidG]

Thank Justlorde for your kind & sympathetic words.
My contract says organisation can offer me compensation in lieu of notice period- is this something I can contest saying that I want to serve my notice period or put me on garden leave for this time? Or again it’s discretionary where company has to take a call?
Wanted to prolong my last day with orgianzation (till end of notice period rather than getting paid) so that at least I can get some time for new sponsorship...
Thanks

[CR001]

Your sponsors policy on redundancy and notice period is not related to immigration rules. It is entirely up to them how they deal with these situations and what they choose to do.

[Justlorde]

Thank Justlorde for your kind & sympathetic words.
My contract says organisation can offer me compensation in lieu of notice period- is this something I can contest saying that I want to serve my notice period or put me on garden leave for this time? Or again it’s discretionary where company has to take a call?
Wanted to prolong my last day with orgianzation (till end of notice period rather than getting paid) so that at least I can get some time for new sponsorship...
Thanks

As CR001 said anything related to redundancy is up to you and your organisation. I was offered pay in lieu of holidays left and notice period. I spoke to HR and explained situation and they agreed to let me serve notice period and also take the holiday to extend redundancy day.

[Djsuccess]

I still believe that the easiest option you have is to talk to your employer and ask for one last favour to keep you on the job for another 2 -3 months and also help with your ILR after which you will be happy to take the redundancy. explain how making you redundant just before ILR could destabilise you plan and that with ILR it becomes easier for you to search for another job without restriction.


Again contact the Citizens Advice Bureau quickly, they can help with what your options are etc..

https://www.citizensadvice.org.uk/

Finally, you can go through Tier 2 sponsor register and start contacting companies in your field directly.

https://assets.publishing.service.gov.u ... onsors.pdf

I sincerely wish you all the best.

[SidG]

Thanks all for your kind advise & guidance- this has given a lot of moral support to me & family. I've talked at highest level in organization for employer letter & will get an answer from my sponsor hopefully in 10-12 days after they consul their lawyers (it's a American company & HR is in US which is making matter worse).
One query i have- what if i book the same day priority appointment on 17Dec (has to be booked latest by 4Nov & i don't want to delay this even for a day) & my employer refuse to issue the letter, in this case i have to reschedule appointment for the later date whenever i get the new sponsor. How many times and for how long one can re schedule the appointment after paying the fees? Also if i withdraw application after rescheduling- will i get my money back? Trying to get all angles covered...

[IJOS]

If you use the online SET O form you can reschedule but you cannot cancel without losing your money. if its just a premium appointment to submit a paper form, you can cancel and get your money back.Good luck Bro

[bsc2007]

All the best SidG. I hope all is sorted for you soon.

I hope you are already trying your best to get another job. I wouldn't rely too much on getting the premium appointment or receiving "required for foreseeable future" from the employer..

Best wishes,
B

[Abal]

Hi. Did you solve your problem and obtain the ILR?. Dec.17th? Can you please update your status as I am also facing with this problem, mine is two months left for ILR? But unfortunately I was made redundant. Thanks in advance!

[sprakash81]

Hello,
Any updates on these please...I'm also into a similar situation...HELP please