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Urgent: ILR (LR) situation

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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T2dep
Newbie
Posts: 33
Joined: Wed Jul 17, 2013 11:55 pm
Location: UK

Urgent: ILR (LR) situation

Post by T2dep » Thu Jul 31, 2014 12:09 pm

Hi

A very close friend is in trouble.
He applied for ILR(10 year) couple of weeks ago, but now his employer decides to make him redundant(current status is tier 2) and he already completed 10 years in UK.
Please advise of what he should do! Employer is not willing to revert decision!

Thanks in advance.

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: Urgent: ILR (LR) situation

Post by physicskate » Thu Jul 31, 2014 12:28 pm

T2dep wrote:Hi

A very close friend is in trouble.
He applied for ILR(10 year) couple of weeks ago, but now his employer decides to make him redundant(current status is tier 2) and he already completed 10 years in UK.
Please advise of what he should do! Employer is not willing to revert decision!

Thanks in advance.
During the processing of his application, his current leave is extended. However, this means he can only work for his current employer...

So basically, he will have to wait for the outcome of his ILR application to work for another employer. Surely there is a notice period that he will need to serve...? So hopefully his application will be decided soon!

T2dep
Newbie
Posts: 33
Joined: Wed Jul 17, 2013 11:55 pm
Location: UK

Re: Urgent: ILR (LR) situation

Post by T2dep » Thu Jul 31, 2014 1:04 pm

Thanks, he is supposed to serve one month notice but employer decides to send him home with additional pay. Now he is worried that if they inform their decision to UKBA, that could impact on the decision. The ILR process takes ages to conclude and he has only 60 days (according to tier 2 status). Please correct me if I am wrong.

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: Urgent: ILR (LR) situation

Post by physicskate » Thu Jul 31, 2014 1:13 pm

T2dep wrote:Thanks, he is supposed to serve one month notice but employer decides to send him home with additional pay. Now he is worried that if they inform their decision to UKBA, that could impact on the decision. The ILR process takes ages to conclude and he has only 60 days (according to tier 2 status). Please correct me if I am wrong.

All of this is moot - your friend has an application lodged, so his leave is continued as per the terms he is under now!!! (This is called 3c). How would your friend leave? His/her passport is with UKVI!

If your friend not already have an application lodge, he still does not have only 60 days. He would have his notice to serve, and then his employer must inform the UKVI within 10 days about the end of his employment. A minimum of 28 days AFTER that, the UKVI can (but do not always) send your friend notice that their visa has been curtailed to 60 days.

So your friend would have: Notice +10+28+60 as a MINUMUM.

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