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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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If an Australian works in the UK as a Director within a UK

Resolved Question:

If an Australian works in the UK as a Director within a UK firm and unlawfully dismisses an employee, could it be that he has breeched the terms of his Visa application? Could he be asked to leave the UK?

P.S. The Company has acknowledged that the dismissal is outside the law.
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I doubt it. It is a condition of the visa national’s visa that they should observe criminal law in the UK and not commit crimes but it does not extend to civil law like this.

Provided that the visa national has not committed any crime and otherwise observed the conditions of their visa it’s highly unlikely that the UKBA would attempt to deport over something like this, so the answer is basically no; they would not try to deport him.

Straining as I am to see how it might affect his visa status I suppose it’s potentially possible that this incident coupled with an element of either fraud or deception in the act which led to the unfair dismissal could potentially (very unlikely though) cause them problems when they come to apply for Indefinite Leave to Remain but even that’s a stretch in that the Ukba would not automatically find out about it and there would be evidential difficulties in proving it.

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Kind regards,


Tom
Customer: replied 1 year ago.


I am on a 50k package and they have offered severence of 26k, how much should I hold out for? I am 58years of age.

Expert:  Thomas replied 1 year ago.
Hi,

The question you posted in your reply is an employment law question, I am not an employment solicitor.

Your original question was an immigration law question, which I am qualified to answer and have done.

If you wish for guidance on your employment law question please submit a further question to the board and an expert will pick up.

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6522
Experience: BA (Hons), PgDip, Practising Solicitor
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