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Does Gross Misconduct affect ILR or BC ?

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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chatgpt
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Does Gross Misconduct affect ILR or BC ?

Post by chatgpt » Wed Oct 25, 2023 2:18 pm

Asking for a friend. The employee is on a skilled worker visa & has been fired by the employer for gross misconduct after a disciplinary hearing. How does this affect:
1) Future skilled worker visa renewals?
2) ILR application?
3) British Citizenship application?

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alterhase58
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Re: Does Gross Misconduct affect ILR or BC ?

Post by alterhase58 » Wed Oct 25, 2023 2:41 pm

Depends really on the severity, if employee was committing crimes and is charged/convicted in court that definitely could impact ILR/BC, but probably won't get a new visa as he might be in prison.
If employee is no good at this job or rude to customers, staff and management that just leads to dismissal, and needs to find a new sponsor (might be difficult with that past history).
Others maybe able to point you to guidance relating to this.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

chatgpt
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Re: Does Gross Misconduct affect ILR or BC ?

Post by chatgpt » Wed Oct 25, 2023 3:01 pm

The employee has been charged with misconduct, nothing criminal/theft or of that severity. Does gross misconduct reflect in new job reference checks? Does the employer inform the Home Office in such cases?

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zimba
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Re: Does Gross Misconduct affect ILR or BC ?

Post by zimba » Wed Oct 25, 2023 4:01 pm

Civil issues have no relevance at all. Being investigated for misconduct or facing disciplinary action by an employer is a civil issue between those involved, assuming no crime was comitted.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

chatgpt
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Re: Does Gross Misconduct affect ILR or BC ?

Post by chatgpt » Wed Oct 25, 2023 4:08 pm

Thank you, Zimba!

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