Hello,
I have just been made redundant on my Tier 2 (Gen) visa with my last date of employment being 31st Dec. I entered UK first in Aug 2006 as a student and therefore I am only 8 months away from ILR under 10 year long residence rule.
My history is as follows: I entered the country on 26 Aug 2006 on a student visa aged 23 and did a bachelors and MSc finishing in Feb 2010. I switched to a Tier 1 (PSW) after my masters in Feb 2010 and started work at employer A in July 2010. They sponsored my Tier 2 (Gen) permit after a year in July 2011 (if time worked on PSW was counted I would be eligible for ILR already!). Then I switched to employer B in June 2014 on another Tier 2 (Gen) visa valid until 2019. They made me redundant out of the blue last Friday and I'm currently on my notice period until 31st Dec. After this I will have my leave curtailed unless I find another job which is near impossible as people are not sponsoring any more even if I get good matches. And I don't want to wait till the end as so close to ILR.
So my specific questions are:
1.) Does curtailment period (60 days from letter date) after visa expiry (i.e. date of termination) count towards time spent for 10 year ILR? If I leave country during curtailment did I have legal status while leaving?
2.) I have done both my degrees in engineering but work in business i.e. unrelated. I studied a total of 3 years. I'm considering switching to a Tier 4 for MBA. Would I be allowed to switch if a university sponsors me? Do I need to apply before my termination date (31st) or can also do this during curtailment?
3.) My girlfriend (who is UK citizen) of 1 year and I were planning on getting married anyway next summer but now are thinking of preponing it to Feb. Nowadays you need to give 70 days instead of 28 days notice to Registrar if one is non-EU with limited leave to remain as they refer case to Home Office. Will we get permission to marry? We are genuine and can prove it of course.
4.) If we do get married in Feb I would be in my curtailment period (if don't apply for student visa). Would they then allow me to switch to a spouse visa? Govt. site says you can't if on a visa valid for less than 6 months! What does one do then? Get married to a citizen and leave country after so long?!
5.) If I send my notice of intent to marry to registrar and then leave country before 31st Dec (i.e. when still on legal visa) and then apply for a fiance visa in India to re-enter legally, would there be a break in my 10 year residence? Within how much time would I need to apply for the fiance visa and/or re-enter UK for clock to stand?
I would greatly appreciate help in weighing my options to best get me to 10 years. Refugees have more options and rights than me after 9+ years here haha.
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