Receiving a work visa for the UK is a dream for many to build a career overseas. While it gives a person the right to employment, it has several intricacies and rules. One of which is redundancy announced by the employer. The visa and immigration of the employee are via the ns. hiring company, and redundancy can cause some issues.
The company may unexpectedly cut jobs due to losses and declare redundancy at the workplace. This visa may be cancelled, which may bring mental turmoil due to the termination of the visa. Keep reading to know how exactly redundancy may impact your UK work visa.
What Happens to Right to Work After Reporting Redundancies?
If an employer terminates the tier 2 licence before the date, the sponsor has to report the end of the sponsorship. A ten-working days window is given to apply online, declaring redundancies or voluntary resignations.
When the employee gets terminated, they lose the ability to work with any other organisation as their visa is linked to the sponsor. Here is a detailed account of events after redundancy reporting.
Right to work
The worker’s right to employment ends on the last day before declaring redundancy. This applies even when the visa is for months or years in the UK. Unless the workers have a new immigration process, they cannot legally work in the UK.
Even if the worker is employed overseas or is not employed by a UK company but is on a sponsor visa, their right to the job will immediately end. Moreover, they no longer have supplementary employment rights.
The visa will be cancelled after the organisation terminates their sponsorship. The Home Office may offer up to 60 days notice to apply for a new visa or leave the UK at the earliest. In case of health issues, you may contact a UK solicitor to connect you with the Home Office to exercise discretion in extending their notice period.
The notification for the following action may take up to 60 days to avoid overstaying on expired immigration status. Besides, the applicant must include proof of their ability to work and stay in the UK.
Spouse and family
The visas of family members are tied to the sponsored worker visa. They will require a new application and family law advice to continue to live and work in the UK.
Regarding travelling overseas, staying in the UK until the visa status is confirmed to prevent any legal difficulties is recommended.
Redundancy and UK Visa: Alternative Solutions
As discussed above, the alternative solution is to get a skilled worker visa from the sponsor within the legal window. They will need the job offer proof attached to the visa application.
Since finding a job right away may not be easy, other alternatives include.
- Apply for a partner visa if a non-settled partner has their own UK immigration status.
- Partner visa also works if he/she is a British or Irish citizen in the country with indefinite leave to remain status.
- If you have graduated from a global top 50 university, you may apply for a High Potential Individual visa.
- Try for a Global Talent visa if you are in a leading employment field such as digital technology.
- Get a student visa for higher education with 20 hours/week ability to work.
Now you know how redundancy may impact your UK work visa. In case you have been unfairly selected, you may contest the decision. For unfair dismissal like this, you may claim an employment tribunal. Some legal help may improve your chances of winning over the visa challenges. Contact Lawyersorted.com to find the right lawyer for your needs.
Written By –
CEO & Founder at Lawyersorted.com