Being made Redundant on a Work Permit - PLEASE HELP

Hkalian · Post by **Hkalian** » Wed Nov 19, 2008 4:51 pm

Hi,

I currently have a work permit with my company but there is a possibliltiy that i be made redundant soon ( will get a 3month redundancy package).

I would like to know what happens to my work permit if im made redundant.Is it still valid and how will this affect my application for Indef Leave to remain?

Thank you very much for our help.

Vanadil · Post by **Vanadil** » Wed Nov 19, 2008 5:10 pm

What skills do you have / what do you currently work as?

The reason I ask is I reccomend that you start looking for new roles ASAP and hopefully I will be able to give some advice regarding your chances and who to talk to. Once your employment comes to an end and the base salary on your Work Permit can no longer be met then you will have to leave the UK.

There are a few options that you have so don;t worry just yet

Sky_High · Post by **Sky_High** » Wed Nov 19, 2008 9:05 pm

In case of redundancy, your work permit will no longer be valid. You must have to find another employer in 28 days (please check tier 2 guidlines for new requirements) who can arrange new work permit for you. After 27th November you have to fullfil new requirements. Are you not eligible for tier 1? You may try to find new suitable employer. Can you not discuss your situation with your employer?
Believe me that you are not the first one who is facing this situation. A lot of people have faced this situation and even at the end successfully got ILR

William Blake · Post by **William Blake** » Wed Nov 19, 2008 10:08 pm

Hkalian,

Do you think by letting the decision makers know how critical the job is to you that they may be able to work something out with you so you are not made redundant.

I mean you should try to influence the decision best you can.

Post by **Frontier Mole** » Wed Nov 19, 2008 11:19 pm

Do you not think a job is critical for everyone and anyone currently employed in this "credit crunch"?

The employer will / should have made a policy on how to select the employees the business needs to lose. This assumes the business is of a reasonable size. It might be helpful if you find out if this has been undertaken.

Immigration status is not likely to be mentioned on the policy to be fair. So giving it positive consideration is not any more likely than the worse case scenario of giving it negative consideration.

If the OP does become redundant and can not change to tier1 then he is likely to be out of luck with his immigration status. The new rules come into play on 27th November so unless he is made redundant right now and can get a new job offer right now so he can apply for a WP by 26th he will come under the new system.

That leaves the shortage occupations in tier 2 and not a lot else in the transition period. PBS is far more restrictive than the WP system so he is up against a fair few negatives between the economic down turn and the change of immigration rules. Letâ€™s hope he is not made redundant.

Hkalian · Post by **Hkalian** » Thu Nov 20, 2008 8:31 am

Hi guys,

Firstly, thank u very much for your responses.

I am currently working as a Trader at an Investment Firm. The company looks unstable and it seems as though the entire place will shut down hence the redundancy.

I have been looking for roles elsewhere but as u know the banking industry is pretty much tight at the moment. If i get a 3month redundancy say in Jan, does this mean that i have to find a new employee to sponsor my permit immediatley as it seems from your responses that my work permit will still not be valid during my 3month redundancy period?

Also, could you ellaborate on Teir 1?

Very gratefull for ur help guys.

Vanadil · Post by **Vanadil** » Thu Nov 20, 2008 9:12 am

Please check your Private Messages

Post by **Frontier Mole** » Thu Nov 20, 2008 9:17 am

The work permit system will cease on 26th November. The new points based system will come into being at that point. WP's are not transferable from business to business so in order to get a new job in the UK you will have to meet the requirements of PBS.
See link
http://www.bia.homeoffice.gov.uk/workingintheuk/

The banking and investment industry is not in the shortage occupation list so you will not get a tier 2 role based on a shortage occupation. Therefore for you to get a job they have to meet the other requirements which in your present role they could not justify not employing an EEA citizen.

Shortage link
http://www.ukba.homeoffice.gov.uk/sitec ... mac/uklist

That leaves tier 1 â€“ which is covered in the first link. If you qualify then you have a chance of staying on in the UK.

As for the redundancy period of three months, it depends on the wording of your redundancy notice. If it states that you given 90 days pay in lieu of notice then I believe that you remain â€œemployedâ€

krish.venugopal · Post by **krish.venugopal** » Thu Nov 20, 2008 12:47 pm

Hi,

Shortage link
http://www.ukba.homeoffice.gov.uk/sitec ... mac/uklist

Having looked at the shortage link, there is no mention of Information Technology does this mean that if some one is working in the IT industry and needs a WP (Tier2) extension in future this may not be possible?

My WP expires Dec 2009, Since I will be completing 4 years and 11 months I can apply for ILR if rules dont change and I have met the other necessary criteria.

I also had a look at the Tier1 PBS Calculator I think I qualify, Not sure If I should go ahead and change to Tier1 just in case !!!

Cheers

Kitty · Post by **Kitty** » Thu Nov 20, 2008 12:55 pm

Employment-law-wise, pay in lieu of notice indicates that an employee has been dismissed with immediate effect (i.e. does not have to work their notice period but receives the pay they would have got had they done so).

If you are placed on "garden leave" during your notice period, then you are still employed until the end of your notice.

I don't know if the UKBA applies a different test.

kawasaki1 · Post by **kawasaki1** » Thu Nov 20, 2008 1:27 pm

I am of the opinion that UKBA simply looks at your last day of employment with a given company, even if you might have been at home for the last two weeks due to notice period.

If say you are given notice/garden leave of 3 months and dont have to turn up to work to serve it out then you are still an employee of the company, meaning your WP would only expire 3 months + 28 days. If however you are unlucky to be given immediate redundancy (with/without pay) then the 28 day clock starts straight away.

If you believe you will definitely be made redundant then I would negotiate with employer to go for the garden leave option (unless whole place is going under of course). Oh and as others mentioned start talking to agencies and also applying for Tier 1.

Vanadil · Post by **Vanadil** » Thu Nov 20, 2008 2:12 pm

"WP's are not transferable from business to business"

Are you sure

It is an option to have the work permit transferred to a new employer isn't it?

paulp · Post by **paulp** » Thu Nov 20, 2008 9:01 pm

Vanadil wrote:"WP's are not transferable from business to business"

Are you sure

It is an option to have the work permit transferred to a new employer isn't it?

A work permit is for a specific employer only. If you change employers, you need a new wp. There used to be one or two concessions if you got a job similar to the previous one.

Post by **Frontier Mole** » Thu Nov 20, 2008 10:43 pm

WP is about to die a death on 26th November. No NEW WP's will be issued after that date. Only WP extensions with the same employer will be available.

If you leave your current employer to join another employer after 26th November that employer would need to be PBS licensed and be able to meet the requirements of tier 2 or tier 5. That is a tough system to navigate through. The days of relatively easy access to a permit to work are gone.

If you are carrying on with your current employer - at the point your current WP leave expires as part of the transitional arrangement you can get a WP extension. This assumes the current employer has got a PBS licence. No licence no WP extension. Some employers are being refused or not even applying, this effectively stops the WP extension.

Vanadil · Post by **Vanadil** » Fri Nov 21, 2008 9:08 am

paulp wrote:
Vanadil wrote:"WP's are not transferable from business to business"

Are you sure

It is an option to have the work permit transferred to a new employer isn't it?
A work permit is for a specific employer only. If you change employers, you need a new wp. There used to be one or two concessions if you got a job similar to the previous one.

Exactly. So you have a Work Permit transfer

Post by **Frontier Mole** » Fri Nov 21, 2008 2:02 pm

Not after 26th November you don't

jei2 · Post by **jei2** » Fri Nov 21, 2008 4:58 pm

Frontier Mole wrote:Not after 26th November you don't

Come on FM, surely you know that some types of status are permanent and can never be changed once granted ?

jei2 · Post by **jei2** » Fri Nov 21, 2008 5:00 pm

William Blake

Where have you been? I think there's a glitch in my pm's.

Post by **Frontier Mole** » Fri Nov 21, 2008 5:47 pm

jei2 wrote:
Frontier Mole wrote:Not after 26th November you don't

Come on FM, surely you know that some types of status are permanent and can never be changed once granted ?

Eh?..Erm.. What... that would be a NO then. What are you on about?

jei2 · Post by **jei2** » Fri Nov 21, 2008 6:12 pm

Christ I really can't send PMs.

Plus you just sounded exactly like my other half. Now that is scary as sh** and hilarious too !

I was referring to a previous discussion with another learned member...but don't strain your memory cells.

Save your energy for the joys of PBS..

Post by **Frontier Mole** » Fri Nov 21, 2008 6:14 pm

jei2 wrote:Christ I really can't send PMs.

Plus you just sounded exactly like my other half. Now that is scary as sh** and hilarious too !

I was referring to a previous discussion with another learned member...but don't strain your memory cells.

Save your energy for the joys of PBS..

My PM works

jei2 · Post by **jei2** » Fri Nov 21, 2008 6:23 pm

Well alrighty then..!!

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Being made Redundant on a Work Permit - PLEASE HELP

Being made Redundant on a Work Permit - PLEASE HELP

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