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Does Gross Misconduct affect ILR or BC ?
Posted: Wed Oct 25, 2023 2:18 pm
by chatgpt
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?
Re: Does Gross Misconduct affect ILR or BC ?
Posted: Wed Oct 25, 2023 2:41 pm
by alterhase58
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.
Re: Does Gross Misconduct affect ILR or BC ?
Posted: Wed Oct 25, 2023 3:01 pm
by chatgpt
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?
Re: Does Gross Misconduct affect ILR or BC ?
Posted: Wed Oct 25, 2023 4:01 pm
by zimba
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.
Re: Does Gross Misconduct affect ILR or BC ?
Posted: Wed Oct 25, 2023 4:08 pm
by chatgpt
Thank you, Zimba!