Right-to-work service

[bganuk]

Hi there,

a friend of mine was made redundant due to COVID19 on the 15th of August 20. His BRP card expires in early October and he is doing interviews, but has not yet secured a new job.

There is a company in Germany that would like to hire him, but they want an interview in person.

Checking on the website https://www.gov.uk/prove-right-to-work, the following is stated:

Persons name
You can work in the UK until 7 October 2020
Details
On your current visa, you must work for your sponsor while you are in the UK

And there is no mention of the current company having fired him or shortening the current leave to remain.

As I understood and I migth be wrong, the company did not notify the home office about the dismissal, so if he leaves the country, the cooling off period would not apply. Am I right?

If the company has not notified the home office, is there any implication that will fall on him?

He is afraid to leave the UK and not be able to return, since all his personal belongings are here in the UK.

Many thanks!

[CR001]

And there is no mention of the current company having fired him or shortening the current leave to remain.

It wouldn't state that.

As I understood and I migth be wrong, the company did not notify the home office about the dismissal, so if he leaves the country, the cooling off period would not apply. Am I right?

They have an obligation under their sponsor license to inform ukvi within 10 days of the tier 3 visa holders last day in employment. This is a completely separate process and issue to the right to work check website. The cooling off still applies if he can't come back to the UK.

If the company has not notified the home office, is there any implication that will fall on him?

No.

He is afraid to leave the UK and not be able to return, since all his personal belongings are here in the UK.

That is a risk he will have to decide on and yes, on rerun he could very likely be refused entry and returned to either German or his home country.

[bganuk]

Thanks a lot!

Summing up, there is no way of knowing whether the company has notified the home office or not without asking the company. Is that correct?

[CR001]

Correct yes.

But they will notify ukvi to avoid having issues with ukvi and their sponsor license.

[bganuk]

Thanks again!

I'm not so sure, they don't seem to know much about what they do.

I work at the same company and they did a lot of wrong things when they went to apply for my CoS, they requested an unrestricted, but I was outside the UK. They waited almost 4 months for approval and I had to warn them that it was wrong and explained to them that they should had applied for a restricted CoS instead of unrestricted, they also put the wrong start and end dates on the CoS, a big mess.

Thanks a lot!

[lolo2]

The right to work website will show that status until the current BRP expires or the applicant get a new job (and a new BRP). It is not a good idea to travel abroad after being made redundant.

Apart from the UKVI and their license, the obligation of a company to report any redundancy to the HO also has an implication in the taxes they pay monthly, e.g. to the DWP etc., for every employee they have in the payroll. I don't know any company happy to pay taxes and other fees for someone who is not working for them anymore, which could even be illegal (from what I've been told), no matter how messy the company is.

[bganuk]

The right to work website will show that status until the current BRP expires or the applicant get a new job (and a new BRP). It is not a good idea to travel abroad after being made redundant.

Apart from the UKVI and their license, the obligation of a company to report any redundancy to the HO also has an implication in the taxes they pay monthly, e.g. to the DWP etc., for every employee they have in the payroll. I don't know any company happy to pay taxes and other fees for someone who is not working for them anymore, which could even be illegal (from what I've been told), no matter how messy the company is.

Get it. Thank you very much!