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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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My Australian girlfriend is on a Tier 2 Sponsorship Visa and

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My Australian girlfriend is on a Tier 2 Sponsorship Visa and is going through the consultation process for redundancy. In the event she is made redundant I have three questions:

1. How long does she have to stay in the country if she is made redundant? I understand it is 28 days but is this from the date her compnay informs the UKBA or the end of her notice period?

2. Can she apply to switch to a Tier 1 General Visa? She originally came to the country on a working holiday visa (think they're same?) and has been sponsored by her company since Dec 2009.

3. Can she apply to be my dependent? We have been together 18+ months and I am a UK citizen. If so can she do this from within the country?
1. Technically her visa ceases when her employment ceases, so this would be once her notice period ends. The employer has a duty to immediately inform the Home Office - if they do not do so this does not extend the visa.

2. Tier 1 General has been closed to new applications for quite a long time and is therefore not an option.

3. As you are not married the only option would be living in a relationship akin to marriage and this would require evidence of living together for at least 2 years. If you were married then a Spouse visa would be the visa to get - not dependant (the dependant visa applies to those dependant on another visa holder, not dependant on a British Citizen).

Your girlfriend needs to get sponsorship to continue on the path to ILR. Even if the job only lasted 6 months this might give you the opportunity to apply for an Unmarried Partner Visa.

Does this answer your questions?
Customer: replied 4 years ago.

Thanks for this.


 


Just to confirm, the only immediate way for her to stay in the country would be to either a) find another role within her existing company and continue sponsorship with them; or b) get another job with a different company who would sponsor her? If B could she do this all within the UK or would she need to go back to Australia again?


 


Other than sponsorship there is no alternative way for her to stay in the immediate short term? She has been here working full time since 2008 but I guess that counts for nothing?


 


Thannks for your help.

That is correct - either another role within the Company or a new job with another Company (this can be done within the UK and she would not need to return to Australia). There are options for the employer in terms of suitable roles within the organisation when the alternative is redundancy and the employer might want to seek advice at the appropriate time.

Unfortunately the Working Holidaymaker Visa at the beginning of her period in the UK does NOT qualify toward the 5-year qualifying period for ILR, so only her time on a work permit in the UK will count.

Let me know if that answers your questions and good luck!
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