What happens if you lose your job while on a work visa?

What if you lose your job while on a work visa? - Legal consultation

If you lose your job while in the UK on a work visa, you should act quickly as your visa is usually tied to a specific employer. We will explain what actions need to be taken urgently and where to contact. It is also important to check whether you are eligible for welfare or unemployment benefits in this situation.

Does an employer have the right to reduce wages and place an employee on a government leave scheme if the employee is a Tier 2 visa holder?

The short answer is yes. The employer has the right to reduce the salary of the employee on a Tier 2 visa, and this will not affect their visa status. A problem can arise if the pay cut falls below the set limit of £30,000 a year. Under normal circumstances, if the reduction is not related to maternity, paternity or sick leave, the employer must stop the sponsorship.

The government's job support program during the COVID-19 pandemic has allowed many employers to reduce the wages of Tier 2 workers by up to 80% of the sponsor's salary or up to £2,500 per month, whichever is less . This means that the salary can fall below the established limits and the sponsorship will not be terminated. A reduction in salary need not be part of a leave scheme for this relief to apply.

However, there are limitations: the mitigation only applies to companies that have temporarily reduced or ceased operations. Pay cuts should be part of a general corporate policy that prevents layoffs and applies to all employees. The reduction cannot be permanent, and the salary must resume after the termination of the specified circumstances.

What to do if an employee is fired while on a Tier 2 visa?

If you find yourself in this situation, your employer must notify the Home Office of your resignation within ten working days of your last day of employment, stating the reason and your last known address.

This will start the process of shortening your Tier 2 work visa, as the Home Office is required to shorten your visa if you stopped working before the date stated on your sponsorship certificate. However, there is no clear timeline for this process and some visa holders may not hear from the Home Office for weeks or even months after release.

During this time you have the right to remain in the UK, as being released does not cancel your immigration status; only the Home Office can cancel your visa and issue a corresponding letter.

Is it possible to stop the process of shortening the worker's visa?

When you finally receive a message from the Home Office, it may be that your visa has already been shortened and the letter will indicate a new period of validity. Unfortunately, you cannot appeal this decision.

However, if you have a dependent under the age of 18, officials may take this into account and contact you for additional information that may affect their decision to shorten your visa.

This is your chance to explain why you should stay in the UK, particularly if your health or the health of your family may be affected by leaving. At this time, it is important to consult with an immigration attorney to build a strong immigration case, especially if you believe the visa reduction decision was wrong.

Is it still possible to apply for permanent residence (PMP) if an employee is fired?

There is a minimum salary threshold for the Tier 2 (General) visa category, which is currently £35,800 per annum. The Home Office is expected to provide clarification on the possibility of considering situations where the salary normally exceeds this amount, but has temporarily decreased due to leave.

The visa sponsor must provide proof that you will be working for them in the near future, but if you have lost or are at risk of losing your job, this can be a problem.

Does this affect workers on Tier 5 visas

If you are on a Tier 5 (Temporary Worker) visa, you are considered a sponsored worker, so the measures above also apply to you. The possibility of switching to another visa category or changing employer will depend on the Tier 5 subcategory in which you are. For example, for those on a Tier 5 (Youth Mobility Scheme) visa, this is a two-year visa that allows you to do any job. Your status in the UK is independent of your job, so your visa will not be affected if you are made redundant or made redundant.

Legal analysis of the situation

If you lose your job while on a work visa, your employer must notify the Home Office (Home Office) of your resignation within ten working days, stating the reason and your last known address. The Home Office will initiate the extension of your visa and although you do not have the right to appeal this decision, you can provide information about circumstances affecting your health or welfare.

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