Works for a small company, is furloughed but asked to work

Mr.Saver

This is the situation where one of my friend is in. He didn't ask for advise from me, but I thought other people may find themselves in a similar situation, so I decided to post it here.

He isn't a UK citizen. He has been living in the UK for many years, and is close to get the permanent residency. He works for a small company which only has less than 5 employees. The company is the sponsor for his working visa.

He is furloughed, but his boss who is the founder of the company made him to work reduced hours. He politely informed his boss about the furlough rules, but his boss told him the company may not survive if he doesn't do the work. He knows he could report this to HMRC, but doesn't want to. Because if the company bankrupt or fires him, he would loss his right to live in the UK and the chance for getting his permanent residency.

What can he do? What should he do?

Jeremy535897

Guidance to employees:

"The Coronavirus Job Retention Scheme forms part of a collective national effort to protect people’s jobs. You can play a vital role by reporting fraudulent claims to HMRC. Fraudulent claims risk the provision of public services and the protection of livelihoods.

If you’re concerned that your employer is abusing the scheme you should report them. This could include your employer claiming on your behalf and not paying you what you’re entitled to, being asked to work whilst on furlough, or making a backdated claim that includes times when you were working."

Thrugelmir

Report the employer at a later date. At the current time having a job maybe the top priority for your friend. 

Mr.Saver

Jeremy535897 said:

Guidance to employees:

"The Coronavirus Job Retention Scheme forms part of a collective national effort to protect people’s jobs. You can play a vital role by reporting fraudulent claims to HMRC. Fraudulent claims risk the provision of public services and the protection of livelihoods.

If you’re concerned that your employer is abusing the scheme you should report them. This could include your employer claiming on your behalf and not paying you what you’re entitled to, being asked to work whilst on furlough, or making a backdated claim that includes times when you were working."

The company may not survive if the government finds out about it. It can only harm the person who reports it.

Thrugelmir said:

Report the employer at a later date. At the current time having a job maybe the top priority for your friend. 

Is there any deadline for that? He needs roughly one more year on the working visa to get the permanent residency.

Jeremy535897

Mr.Saver said:

Jeremy535897 said:

Guidance to employees:

"The Coronavirus Job Retention Scheme forms part of a collective national effort to protect people’s jobs. You can play a vital role by reporting fraudulent claims to HMRC. Fraudulent claims risk the provision of public services and the protection of livelihoods.

If you’re concerned that your employer is abusing the scheme you should report them. This could include your employer claiming on your behalf and not paying you what you’re entitled to, being asked to work whilst on furlough, or making a backdated claim that includes times when you were working."

The company may not survive if the government finds out about it. It can only harm the person who reports it.

Thrugelmir said:

Report the employer at a later date. At the current time having a job maybe the top priority for your friend. 

Is there any deadline for that? He needs roughly one more year on the working visa to get the permanent residency.

There is no formal deadline but it would look very odd to wait so long.

bradders1983

Surely the Home Office would make allowances if his employer is suspected, and then convinced, of fraud?

onwards&upwards

bradders1983 said:

Surely the Home Office would make allowances if his employer is suspected, and then convinced, of fraud?

Almost certainly not.  The Home Office is not known for its efficiency, common sense or compassion on immigration.  

Even having the right to live here permanently doesn't always keep you safe from being declared illegal and deported or made destitute. 

Thrugelmir

Mr.Saver said:

Jeremy535897 said:

Guidance to employees:

"The Coronavirus Job Retention Scheme forms part of a collective national effort to protect people’s jobs. You can play a vital role by reporting fraudulent claims to HMRC. Fraudulent claims risk the provision of public services and the protection of livelihoods.

If you’re concerned that your employer is abusing the scheme you should report them. This could include your employer claiming on your behalf and not paying you what you’re entitled to, being asked to work whilst on furlough, or making a backdated claim that includes times when you were working."

The company may not survive if the government finds out about it. It can only harm the person who reports it.

Thrugelmir said:

Report the employer at a later date. At the current time having a job maybe the top priority for your friend. 

Is there any deadline for that? He needs roughly one more year on the working visa to get the permanent residency.

No guarantee that the business will survive in any event. Perhaps see how things pan out for a while longer.