Redundancy whilst on work permit

decentguy_uk · Post by **decentguy_uk** » Fri Jul 10, 2009 8:22 am

Hi All

I am currently on 5 year work permit and going to apply for PR within 2 months.

My question is:
If a British citizen employee gets redundancy in our company, he/she gets 3 months pay + redundancy pay. So for first 3 months, that person is still technically employed by the company

If a work permit holder gets redundancy, does that person have same rights of 3 months pay ?

Reason I ask this:
If I get redundancy today, I want to make sure that I dont lose out on my ILR application. If am still employed (technically) by the company for 3 months (as a standard redundancy procedure), I should be still be able to apply for ILR (due in 2 months)

newperson · Post by **newperson** » Fri Jul 10, 2009 8:43 am

You're forgetting perhaps that as part of a SET(O) application based on a work permit, you're required to submit evidence in the form of a letter that your current employer still requires you to work for them on an ongoing basis.

If you're made redundant today, you won't be able to furnish that letter, will you? Regardless of whatever redundancy package they give you, you'll be stuck.

parvus1202 · Post by **parvus1202** » Fri Jul 10, 2009 5:19 pm

Yes that's true. you need a letter from your employer that you are still with them and the still needs you. If you are made redundant then the letter will say you are made redundant and that would be an automatic denial on your ILR. If you are made redundant after you lodge your application then no problem. You need to find work quickly and transfer your work permit to new employer before your application, that might work or else you will be overstayer.

rg1 · Post by **rg1** » Fri Jul 10, 2009 9:43 pm

Redundancy pay is same for all employees doesn't matter what is your nationality or citizenship.

If you are made redundant, your employer won't give you later stating that you are still required for the job - so it will be refusal for ILR.

If you are really in that situation, apply for Tier-1 if you qualify.

decentguy_uk · Post by **decentguy_uk** » Sat Jul 11, 2009 7:33 am

Thanks all for reply and information. Much appreciated.

I have my Tier-1 form ready and filled out so just in case if I get redundancy in next 3 months, I will apply for Tier-1 next day.

Better be prepared than sorry.

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Redundancy whilst on work permit

Redundancy whilst on work permit