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ILR and redundancy payment

General UK immigration & work permits; don't post job search or family related topics!

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rajumr
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Posts: 25
Joined: Sat Mar 29, 2008 7:31 pm

ILR and redundancy payment

Post by rajumr » Sat Mar 29, 2008 8:30 pm

Hello Folks,
I have been working in UK since July, 2003 for a startup software company until now.
Unfortunately, things didn't go very well with our company and hence it is being shutdown. As the company was not in a position to pay redundancy payment, company has approached DEL( Department of Employment and Learning) to pay the redundancy payments for all employees of the company.

The application is with DEL at the moment.

I'm eligible to apply for ILR in June, 2008.

There will not be any gap in my employment as I have already secured another job and will be joining them soon.

(BTW, I was on workpermit initially and then moved to HSMP about 2 years ago and has visa to remain until 2010)

I appreciate if any one can please clarify the following for me.

1. Does claiming reduncancy payment create any problems for my ILR application? I'm NOT claiming unemployment benefits though.
2. I have been in employment since the day one I entered UK. Due to this redundancy, I'll not have payslip for March month. When I go for applying ILR in June, I'll have payslips for Feb, Apr and May, but not March. Will this be an issue?
(Due to some other reasons, I'm in a hurry to apply for ILR as soon as I get eligible).

Thank you

regards
Raju

try-one
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Location: London

Post by try-one » Sun Mar 30, 2008 8:53 am

rajumr;
1. Does claiming reduncancy payment create any problems for my ILR application? I'm NOT claiming unemployment benefits though.
No, your HSMP allows you to change employer and a gap will not be a major problem, as you already have a new job then you will be able to show to HO that you are self suficient and have income (try to bring the p45/p60 and payslips)
2. I have been in employment since the day one I entered UK. Due to this redundancy, I'll not have payslip for March month. When I go for applying ILR in June, I'll have payslips for Feb, Apr and May, but not March. Will this be an issue?
HSMP allows you to have gaps, one payslip missing will not be a problem as you will be able to explain the reasons and show you have income from the second job.
-------------------------
Life is a journey, not a destination (S. Tyler)

rajumr
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Posts: 25
Joined: Sat Mar 29, 2008 7:31 pm

Post by rajumr » Sun Mar 30, 2008 3:37 pm

Thank you try-one. It seems clear about one missing payslip.

However, the other question was more about whether the redundancy payment from Department of Employment and Learning would be considered as using "public funds"?

I have searched net for the list of benefits that are considered to come from public funds.
The following link doesn't mention redundancy payment from DEL in public funds list.

http://www.bia.homeoffice.gov.uk/ukresi ... blicfunds/

The above link quotes, "Public funds do not include benefits that are based on National Insurance contributions".

Apparently, DEL pays redundancy payments from National Insurance Fund.

So, I think claiming redundancy payment from DEL will not be treated as using public funds and hence shouldn't cause an issue for my ILR application.

balajo
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Post by balajo » Mon Mar 31, 2008 3:50 pm

you can also get contribution based unemployment, as this not a public fund

jan01283
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Joined: Thu Feb 11, 2016 8:52 pm

Re: ILR and redundancy payment

Post by jan01283 » Thu Aug 03, 2017 2:32 pm

Hi @rajumr

I am applying for my settlement the end of this month. Just wondering how did yours go? Did you manage to get your settlement without affected by the redundancy claim?

Thanks :)

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CR001
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Re: ILR and redundancy payment

Post by CR001 » Thu Aug 03, 2017 2:35 pm

jan01283 wrote:Hi @rajumr

I am applying for my settlement the end of this month. Just wondering how did yours go? Did you manage to get your settlement without affected by the redundancy claim?

Thanks :)
Please refrain from digging up topics from 2008, 9 years old. The rules have moved on since then. If you have a question, please start your own topic in the ILR sub forum on the main page.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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