ILR due but employer going Bankrupt

[syedomarkhalil]

Hi

My friends ILR is due very soon. He is on WP 5 years with same employer, but rumors are that the company might go into liquidity/bank corrupt. What will happen to his IR of his employer goes bank corrupt, will he be able to apply on 5 year continous stay ?? Can he apply for job in another company and show them that he has a job offer from other company ??

Need some urgent guidance as my friend is very upset

thnx
OMar

[geriatrix]

If he gets a new (work) sponsorship he may apply for extension of stay under Tier 2. Alternatively, he may switch to Tier 1 (General) if he qualifies.

If his employment is terminated but he has less than 6 months remaining on his current leave, his permission to stay will not be curtailed ... giving him time to stay in the UK to search for jobs / sponsorship.

He must have valid leave to remain in the UK at the time of settlement application, and that is what he should concentrate right now on maintaining (legal status).


regards

[harrys1234]

Hi,

I am in same situation, my company goes bank curropt in May this year. But BANK decided to run business & my ILR is due in ist week of Oct-10. I was working with same company on a 4 years WP & 1 year on tier 2.

Any advice to apply ILR

[smkamran]

harrys1234: Is the name of your company still the same even when its run by the bank? If yes than u should have no problem. All u need is a letter from company and u will be fine.

[harrys1234]

Yes, company name is same. On the post it says "COMPANY NAME" IN ADMINISTRATION. Will it be OK

[optimist_eternal]

It's "bankrupt", not "bank corrupt".

(SushdMehta, please could you make the necessary changes to the title of the thread by changing it to "bankrupt". Thanks).

[syedomarkhalil]

Thanks for the correction.

My friend calculated his points for Tier 1 but he does not qualify for it. Can he apply for Tier 2? what are the requirements to apply for Tier 2 from WP ?

Its not known that when his employer will be going bankrupt. If the time remaining for his ILR and the time of employer shutting down is less than 6 months then can he apply for ILR, i mean to say will he need to show any other job offer or not ??

OMar

[geriatrix]

It is my understanding that at the time of settlement application on basis of work permit the applicant is required to provide a letter from the (sponsoring) employer stating that they (employer) still need the person in the job.


regards

[syedomarkhalil]

Thanks but if the employer is going bust can he provide job offer from another employer, and if yes will that new employer need to have a sponsor certificate as well ?

Omar

[John]

syedomarkhalil, how soon can the ILR be applied for? You tell us "My friends ILR is due very soon", but how soon?

[syedomarkhalil]

Thanks John

Its due in Nov 2010

OMar

[John]

Realistically, will the employer last that long?

[syedomarkhalil]

We dont think so. Can he apply for ILR then ??

[John]

Given that he has a Work Permit, and there is a requirement for it to be shown that he will continue in the employment immediately after the grant of the ILR, he could well have a problem.

But I think it is worth checking in detail exactly when the ILR can be applied for. Can you please give the relevant date information? For example, if he was not previously in the UK, when did he first arrive in the UK to start work using his Work Permit?

And when does his current visa end?