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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13325
Experience:  Solicitor
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If I am fighting an unfair dismissal claim is there any grave

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If I am fighting an unfair dismissal claim is there any grave period I can ask for?
Hi thanks for your question, I assume you mean grace period. Grace period for what? Can you explain a little more?


Customer: replied 5 years ago.
Yes, sorry grace period. My work permit terminates with my employment. So, I want I know if I can stay in the country beyond the allocated 4 weeks to find a new company to sponsor me if I am pursuing an unfair dismissal claim.
As long as you have current leave to remain then you are fine and can look for a noter job and apply to transfer to a new sponsor. The problem arises if your employer has notified UKBA that your employment ha terminated and any sponsorship is withdrawn. UKBA will then write and tell you to leave within 4 weeks. Until they do you can lawfully stay here. If they do write to you then no there is no grace period and you are supposed to leave and reapply from abroad when you have found a new job. The fact that you have an unfair dismissal claim pending does not in itself give you a right to a grace period although you could write asking for an extension but stye are not obliged to give you one.
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