What if I resign?

I am a teacher and currently being sponsored for a tier 2 visa expiry 2016.

I have been working in the UK for 5+ years. My current school is not the right fit for me. I will be handing in my notice at the end of this month, but giving notice so I will still be employed at this school until December 31st.

My current employer has said she will write me the letter stating that I am still required in my job, as technically I am still employed there.
I am looking into making an appointment for same day decision but this won't be until November probably.
Will they phone my employer to verify the letter? If so, what if she states, 'yes she works here but she has handed in her notice?'

My plans are to look for another job starting in January which I will still be eligible under my tier 2 visa, but if I don't find one that suits me, I plan on doing supply teaching (but won't be able to be sponsored doing supply). I have enough funds to support me in the process.

Any advice would be greatly appreciated, thank you!

Tier 2 is tied to the employer, you'd need find another Tier 2 sponsor willing to apply for you. That rules supply teaching out...

Wanderer wrote:Tier 2 is tied to the employer, you'd need find another Tier 2 sponsor willing to apply for you. That rules supply teaching out...

But they're applying for same day ILR, right? So their Tier 2 visa would be replaced with ILR and it wouldn't matter.

Is there any reason you can't apply before you resign?

I realise I can't supply teach under tier 2, that's another reason why I want to get ilr.

I need to resign by the 31st October and I won't have everything completed by then (I.e. Life in the uk test) but I will still be working /employed by the school until dec 31st.

But back to my question - will they phone my employer? Or is the letter from my employer (along with pay slips, bank statements, etc) proof enough I have a job?

Thanks!

Better to get ILR and then resign.

Cinder.67 wrote:I realise I can't supply teach under tier 2, that's another reason why I want to get ilr.

I need to resign by the 31st October and I won't have everything completed by then (I.e. Life in the uk test) but I will still be working /employed by the school until dec 31st.

But back to my question - will they phone my employer? Or is the letter from my employer (along with pay slips, bank statements, etc) proof enough I have a job?

Thanks!

This plan of yours is an invitation to a quick and blanket refusal (and correctly so, making a successful appeal unlikely). Further, putting forward a letter by your employer that they intend to keep you on, while you have resigned, might be considered deception. And then you will have a lot bigger problems than your job not being 'the right fit'.

Do not resign. Get ILR. Then do whatever you like. You're almost there....

I think if you have just a letter saying you're employed as of a date and it doesn't mention your resignation and your sponsor doesn't notify the HO that your job has ended you'll probably be OK. If they refuse you I think you'd win a JR because the decision must be based on the facts as of the date of application and not on your future intentions.

A big however though, you could potentially be looking at long legal process if you're refused and a legal limbo because while you're appealing, your previous status remains intact so you can work, but you still need a new sponsor because you're Tier 2.

I assume the problem is as a teacher you want to resign either at mid term break or end of year. I think you'd be taking a risk and it's not worth the reward, since in the big picture it's only a couple of months extra. Personally I'd get ILR first and then resign (incidentally that is what I myself did, and gave 5 months notice).