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Hello All,

My husband is currently a work permit holder who is due for his ILR application in a week, but he was just notified that he is being made redundant and his employment ends in next couple of days, after which his 28 day notice period starts. As he got all his documents ready, at this point if he makes an ILR application ... will it result in a success??? I will be really grateful to anyone who can answer this query. We need an answer asap.

Thanks,
Lotus.

Please also note that my husband does not qualify for a Tier1(General) visa.

lotus_jp26 wrote:Hello All,

My husband is currently a work permit holder who is due for his ILR application in a week, but he was just notified that he is being made redundant and his employment ends in next couple of days, after which his 28 day notice period starts. As he got all his documents ready, at this point if he makes an ILR application ... will it result in a success??? I will be really grateful to anyone who can answer this query. We need an answer asap.

Thanks,
Lotus.

I think by law you husband employer needs to give advance notice before can make him redundant. (3 month consultation and 1 month notice period usually). Why he only given few days notice?

For more information, see this link:

http://www.direct.gov.uk/en/Employment/ ... G_10029835

If your husband being made redundant just with few days notice, it could be categorized as unfair dismissal.

renzokuken wrote:
I think by law you husband employer needs to give advance notice before can make him redundant. (3 month consultation and 1 month notice period usually). Why he only given few days notice?

For more information, see this link:

http://www.direct.gov.uk/en/Employment/ ... G_10029835

If your husband being made redundant just with few days notice, it could be categorized as unfair dismissal.

it isn't "few days notice" it's few days of employment and 28 days noticeafter that. it's normal. they can ask him to actually stop working before 28 days are over but must continue to pay him.

and i don't think he was made "redundant" - probably just end of contract/employment etc.

either way WP holders require a letter from HR that confirms that he/she will contonue to work for them in the future. in this case HR will not provide this letter which might and probably will be the problem.

Hi Lotus,

Your solution is rather simple.

Assuming that your husband intends to accept the redundancy (i.e. not take his employer to court etc), he will more likely be asked to sign a compromise agreement.

What he needs to make certain is that he asks for his 28-day period to be classified as being on garden leave. In other words, rather than being paid his notice up front (in lieu), he has to ask to work his notice. I do not think they can refuse him that. Except most employers will not let him actually work his notice but will probably ask him to be on garden leave.

Either way, this does not matter as his legal status in the UK remains the same, ie his work permit continues to be valid for the 28 days during which he is working his notice. And then he will have a further 28 days after that in which he has to leave the UK if he fails to find employment. But this does not matter as from your post, it appears that he will be able to apply for ILR during the time he is working his garden leave.

Please note that by opting for the garden leave option instead of the payment in lieu up front, he will have to pay for tax and NI on his pay during the period, but it is a small price to pay for allowing eligibility for ILR.

I hope that helps. I gather the above can be confusing, but happy to highlight any issues.

Re: Kamalin10's comment about the HR paperwork, it appears that he is already in possession of such a document as you say he has finalised all his papers?

Either way, given that he will still be in employment when he makes his application, I don't think there is any deception unless the HO explicitly asks about his future status.

Good luck!

kamalin10 wrote:
either way WP holders require a letter from HR that confirms that he/she will contonue to work for them in the future. in this case HR will not provide this letter which might and probably will be the problem.

For ILR, he just needs confirmation that he has been employed and the start date. No need for an end date. If HR wants to put an end date, I still don't think it will stop him getting ILR. But it will help if he is actively looking for a new job and has proof of this.