How long can I stay in after being made redundant?

aayu · Post by **aayu** » Sun Mar 28, 2004 6:13 pm

I just been made redundant on last Thu. How long can I be allowed in the country to find a new job? Last thursday is the first time I been told by my director that I been made redundant although I am a permanent staff(there is completely no signal or msg for me before the talk). And then he asked me return the keys and leave the company on the same day!!! Is this usual?? Has he breach the agreement of permanent staff employment?? (though he said he will pay me the next 4 week salary till 25 April) It took place actually at the minute I handed in the final report of the project after lunch. I felt I've been cheated by the director (Just 5 months ago in the interview, he said he had enough work for me to do for more than 2 years at least) and he is so cruel. I dun think there is anything wrong on my conduct, so he should let me know this decision in advance before he takes action. On last wednesday he came to my desk and told me to bring all my works to a meeting with clients after lunch on the next day; however, after lunch on thur then he waved me in his room and told the clients were not coming, and that was a bad news for you...... The feeling of being cheated is so bad!!

But anyway, I have to look forward. How long can I be allowed to stay in the country to find a new job?

Chess · Post by **Chess** » Sun Mar 28, 2004 6:23 pm

Aayu,

Sorry about that bad news

Before we can lay a strategy...

When is the expiry date of your Visa/Workpermit - What status do you hold?

aayu · Post by **aayu** » Sun Mar 28, 2004 6:53 pm

What is the strategy(seems law doesn't protect overseas workpermit holder)? It would be helpful in future if I encounter similar situation.

I am a workpermit holder, stamp valid to October 05(24 month work visa from oct 03). I have been in this country as a PhD student since April 1998 and I got the first work visa for my first job in Aug 2001. Thanks.

Chess · Post by **Chess** » Sun Mar 28, 2004 7:05 pm

What is the strategy(seems law doesn't protect overseas workpermit holder)? It would be helpful in future if I encounter similar situation.

You have the same employment rights as other legally employed UK residents/Brits. however, if your contract states that you have a 4-week notice - the employer may pay you in Lieu of the notice period

I am a workpermit holder, stamp valid to October 05(24 month work visa from oct 03). I have been in this country as a PhD student since April 1998 and I got the first work visa for my first job in Aug 2001.

.

Have you ever considered if you are eligible for HSMP??..one of the forum members NMSheikh...was made redudant and then switched to HSMP three months later and this was accepted by HO.

Obviously you have the right to saty in the UK until the expiry of your visa - however, your unemployment invalidates your current work permit.

Either you try for HSMP or find another employer willing to get you a work permit within 28 days after the expiry date (25th April) of your 'current' contract

AtW · Post by **AtW** » Sun Mar 28, 2004 8:53 pm

Chess wrote:Obviously you have the right to saty in the UK until the expiry of your visa - however, your unemployment invalidates your current work permit.

If you had to register in the police, then you MUST tell them about change in your circumstances within 7 days of that taking place, but this can be done AFTER your notice period is up. Failure to notify police within 7 days is treated as immigration offence.

Joseph · Post by **Joseph** » Mon Mar 29, 2004 11:09 am

aayu

Sorry to hear that you have been made redundant. From your description, your employer has not treated you very well.

Your first priority should be to sort out your visa, assuming you want to stay in the UK. With a PhD from a UK university, you probably will qualify for HSMP, which will allow you to stay and work. I suggest you check with the website to see if you qualify. If so, you should do so ASAP, before you leave payroll on 25 April on your current job. Once you apply you can stay in the UK as long as it takes for them to make a decision. See link below for complete details.

http://www.workingintheuk.gov.uk/workin ... forms.html

You should also check with an employment solicitor to see what rights you have. 4 weeks notice may not be enough. Don't sign any documents with your company until you can review them with a solicitor.

Joseph

aayu · Post by **aayu** » Tue Mar 30, 2004 10:58 pm

Thanks a lot for giving me so many replies. I have not come back to work since this monday, so actually i hv quited the company. Is this a negative factor for a HSMP application? Is there a question of the HSMP application form about the information of current employer? Will they check the employer information?

I dare not to apply for HSMP at this moment in case they find out I been made redundant when they check the documents. If the application didn't pass then I have to leave the country. However, if I find a job in the next 3 months, they might not know I been not make redundant (if my employer didn't notify my situation to HO) and perhaps they will give me a workpermit. Do you understand what I mean. I just want to say it is not the right time to apply for a HSMP. Is my thought correct? ANy better suggestion? I appreciate any advice. Many thanks again!

aaya

Chess · Post by **Chess** » Wed Mar 31, 2004 8:30 am

Aayu,

I recommend that if you meet all the relevant HSMP criteria to claim 65points (and you have all the evidence) then you should go for it. Best option.

HSMP team will not look at your current 'unemployment' in a negative way. they will consider your 'employability'

What happens if you cant find an employer willing to apply for a work permit in three months...end of story!! whereas with HSMP...you may be unemployed throught your 12months (so long as you are economically active, and have Sufficient funds)

Best option is to go for HSMP, but the choice is yours!!!

Joseph · Post by **Joseph** » Thu Apr 01, 2004 1:21 pm

Agree with Chess, you should apply for HSMP straightaway while you are still on payroll. Don't count on finding a job so quickly. The longer you delay, the harder it will be.

I'm confused when you said you "quited" the company this week. Does that mean you are no longer an employee already?

Joseph

aayu · Post by **aayu** » Fri Apr 02, 2004 8:24 am

Joe,

For me, "quit" means not actually attending work in the office in the notice period of 4 weeks after last friday. I don't know should i called myself an employee of this company, (or will they agree that I am still a staff though I am still in this 4 week period). So when I apply for HSMP, can I say I am still employed by this company? Because assessment of HSMP application usually takes 8 weeks, I probably have troubles when HO. checks my employer details during that 8 week period. In the first 4 weeks if HO. chks, i guess my company probably says I'm still a staff but will leave by the end of may. But if HO. chks in the later 4 weeks, my company will just say 'he have left and he's not a employee of us any more'. So just dunno should I fill this in the application form, becos I don't want to give a wrong impression to HO about me, who make cheating on application.

So go back to your question: Does that mean you are no longer an employee already? I'm also confused, I think I shouldn't call myself an employee officially (especially when i fill some application forms?) once I left the office although it happened to me in only HALF day.

Chess · Post by **Chess** » Fri Apr 02, 2004 8:31 am

Aayu,

It is very unlikely that HSMP team will contact your previous employer...so stop finding excuses!!

If you qualify for HSMP, then just get on with it

Joseph · Post by **Joseph** » Fri Apr 02, 2004 10:12 am

aayu

During the 4 week notice period you are still an employee and you should use it to the fullest to file your HSMP application and start your job search. You can avoid all the complicated scenarios you describe by simply telling the truth. You can file the application now and say that you are working for XYZ but will be leaving at the end of April, or you can wait a few months and have to say that you are unemployed. What sounds better? The answer is obvious.

Besides filing your HSMP application, you should spend at least some of your notice period with your employer agreeing on reference letters etc. so that when future employers (and even HSMP) call there will be a credible and helpful story. You also have a window of opportunity to negotiate, with the help of a solicitor, a better Compromise Agreement.

It's an extremely tough time for you, we know, but you have to move quickly!

Joseph

ND · Post by ND » Fri Apr 02, 2004 10:46 am

I agree with joseph.If i were u then i would have done exactly the same.Dont waste your time now.All the best for u'r hsmp applciation.

aayu · Post by **aayu** » Sun Apr 04, 2004 11:41 pm

Is this the best option? If the applicant fail, I have to leave the country immediately! But in fact I can stay a bit longer to find a job if my company doesn't notify my work situation to HO. That is the point why I don't want to make application now immediately. HO could probably have more chances to get my situation earlier if I make hsmp application. Anyway many thanks for all kind advices and suggestions.

Aayu

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How long can I stay in after being made redundant?

How long can I stay in after being made redundant?