Help>Made redundant just before applying for ILR

[soflsys]

Hello all!

Have been following this very helpful forum for advices and was hoping to contribute with a successful case - sadly not looking to happen .

I had been working for the same company under T2 (G) for more than 5 years and was eligible to apply for ILR from 07 May 15. I have everything ready but the company was struggling with pay so I had to wait for the pay slip as well as for the right amount to come through on bank statement (they paid me in 3 different transactions last month so the ones from then would not work).

Without any notice I was informed just before the end of the day on 18 May 15 that the company is in liquidation and we are all made redundant! To make matter worse I think they are to continue trading under a different name (say I was working for Company A trading as Brand X, now they are continuing as Company B trading as the same Brand X)

I'm still very devastated and would really appreciate any advice on the following:

1) Am I right in thinking that I will not be able to apply for ILR now that the company is gone? Is there any slight chance at all I can get it approved by hiring a solicitor, or I just have to accept the ultimate bad luck?

2) I wasn't given any notice as my job is gone the moment the company was liquidated, does that count as unfair dismissal and if so will it help at all with my ILR situation?

3) and since there was no notice period, does it mean I will have a shorter time to find a new job since the company has to report to UKVI in 20 working days after liquidation, instead of 20 working days after the end of notice period in normal redundancy?

4) if I'm lucky enough to find a new job before my curtail ends, do I still have to make a new application for T2 even though I have worked under T2 for more than 5 years? And will I be able to apply for ILR as soon as I have my first pay?

Any help will be very much appreciated ...worst is I have actually been living in the UK since 2011 but I had a 6-months work placement in Paris as part of my degree so I believe I won't be able to go down 10 year LR either...

Thank you guys!

[nks]

I think for T2 ILR, there is a requirement to provide letter from employer that your services are still required.

[soflsys]

thanks nks - that was my main concern too but was wondering if there might be a very slight chance of HO considering my case as an exception

curious what would happen if I had sent off my application and made redundant like this half way through? Would I lose all my fees the same way as a normal rejection?

[jibri]

I think get some advice from immigration advisor before sending any application and keep looking for job good luck

[soflsys]

thanks jibri...luck is something I do need at the moment

spoke to an OISC adviser today (was charged £75 for consultation, is this standard?), he was appalled by the way the company handled my redundancy and wasn't sure if there's a case even if I have worked for more than 5 years under T2 and was unfairly dismissed. He thought I would have a better chance to go through 10 Year LR if I have been studying and working here since 2001.

If I do a SAR with HO, will it show all of my visas from before including student visa/visitor visa, as well as all entry/exit of the UK? My main concern with going down 10 year LR is 1) my placement year in Paris which broke the continuous residence even if it's part of the degree; and 2) if I have any unknown gaps between my student visas as I hold a British National Overseas passport and I don't need a visa to enter the country. Could someone advise how HO actually calculate the gaps?

By the way, the adviser dropped a potential bomb regarding my redundancy pay he said I may not be able to claim my money back because the company is liquidated and the NI Funds is public funds which I as a T2 am not entitled to! Could someone shed some lights on this? O please let me know if I should ask in another board.

The search goes on...

[soflsys]

Any help will be very much appreciated ...worst is I have actually been living in the UK since 2011 but I had a 6-months work placement in Paris as part of my degree so I believe I won't be able to go down 10 year LR either...

oops I meant 2001!

[soflsys]

any advice or suggestions are still welcome especially the part below regarding 10 year LR:

If I do a SAR with HO, will it show all of my visas from before including student visa/visitor visa, as well as all entry/exit of the UK? My main concern with going down 10 year LR is 1) my placement year in Paris which broke the continuous residence even if it's part of the degree; and 2) if I have any unknown gaps between my student visas as I hold a British National Overseas passport and I don't need a visa to enter the country. Could someone advise how HO actually calculate the gaps?

By the way, the adviser dropped a potential bomb regarding my redundancy pay he said I may not be able to claim my money back because the company is liquidated and the NI Funds is public funds which I as a T2 am not entitled to! Could someone shed some lights on this? O please let me know if I should ask in another board.

[MnBT]

Hi,

i am in the same boat now... can you tell me if you applied for ILR thorugh 5 year route? did HO considered your case?

any advice or suggestions are still welcome especially the part below regarding 10 year LR:

If I do a SAR with HO, will it show all of my visas from before including student visa/visitor visa, as well as all entry/exit of the UK? My main concern with going down 10 year LR is 1) my placement year in Paris which broke the continuous residence even if it's part of the degree; and 2) if I have any unknown gaps between my student visas as I hold a British National Overseas passport and I don't need a visa to enter the country. Could someone advise how HO actually calculate the gaps?

By the way, the adviser dropped a potential bomb regarding my redundancy pay he said I may not be able to claim my money back because the company is liquidated and the NI Funds is public funds which I as a T2 am not entitled to! Could someone shed some lights on this? O please let me know if I should ask in another board.

[CR001]

Hi,

i am in the same boat now... can you tell me if you applied for ILR thorugh 5 year route? did HO considered your case?

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