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IRL following notice of possible redundancy

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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surista
Newly Registered
Posts: 7
Joined: Tue Dec 20, 2016 3:55 pm

IRL following notice of possible redundancy

Post by surista » Tue Dec 20, 2016 5:03 pm

My wife and I came to the UK on a tier 2 (general) visa in Feb 2009. I was seconded here from my company's Tokyo office. Initial visa was for three years, it was extended another three years in Feb 2012.
I changed employers in July 2014, the new company took over as sponsor and we acquired a new five-year visa, which is valid until July 2019. We (myself, wife, two children both born & raised here in the UK) have thus been in the UK for almost eight years, and were in the process of starting the ILR application when my company announced a round of redundancies. I am likely to be included (or asked to relocate to another country, which I would likely refuse). In the case I was included I would still be on gardening leave for at least three months (so at least through March).

Obviously finding another sponsor is the best option, but it's unclear whether another job would be available in time.

a) Is there any benefit to just going through with the IRL process now, while I'm technically and legally still with the firm, even if the firm wouldn't be able to state that 'we need his services indefinitely'?

b) A small firm that I've worked with in the past is exploring whether or not it could obtain a sponsor license. Assuming they could not (or at least not in time) they could not take over as visa sponsor. However, they still want to hire me to a full time position (in the £120K range/yr).

I assume I would not be able to actually work for the small company yet, but would I be able to use the employment offer from the small company as evidence of continued gainful employment for an IRL application?

c) Finally we were given a recommendation of an immigration advisory firm, but it does not show up on the OISC regulated risk.
<http://home.oisc.gov.uk/register_of_reg ... ister.aspx>
Is that a red flag? If so, what's the best way to find a reputable immigration lawyer?

surista
Newly Registered
Posts: 7
Joined: Tue Dec 20, 2016 3:55 pm

Re: IRL following notice of possible redundancy

Post by surista » Thu Dec 22, 2016 12:51 pm

Bump. Anyone?

secret.simon
Moderator
Posts: 11202
Joined: Thu Feb 21, 2013 9:29 pm

Re: IRL following notice of possible redundancy

Post by secret.simon » Fri Dec 23, 2016 4:23 pm

surista wrote:a) Is there any benefit to just going through with the IRL process now, while I'm technically and legally still with the firm, even if the firm wouldn't be able to state that 'we need his services indefinitely'?
The application will be rejected.

A requirement of the Rules (245HF) is
(c) The Sponsor that issued the Certificate of Sponsorship that led to the applicant’s last grant of leave must:

(i) still hold a Tier 2 Sponsor licence in the relevant category, or have an application for a renewal of such a licence currently under consideration by the Home Office; and

(ii) certify in writing:
  • (1) that he still requires the applicant for the employment in question for the foreseeable future,
    (2) the gross annual salary paid by the Sponsor, and that this salary will be paid for the foreseeable future,
    (3) if the applicant is currently on maternity, paternity, shared parental or adoption leave, the date that leave started, confirmation of what the applicant’s salary was immediately before the leave, and what it will be on the applicant’s return, and
    (4) if the applicant is paid hourly, the number of hours per week the salary in (2) or (3) is based on.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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