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Employer notified resignation after 7 months:cooling-off

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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samdav7
Member
Posts: 128
Joined: Mon Mar 02, 2009 7:25 am
Location: united kingdom
India

Employer notified resignation after 7 months:cooling-off

Post by samdav7 » Wed Oct 08, 2014 5:14 pm

I was issued Tier 2 General visa valid from 01.10.2013 to 31.10.2016. I resigned from work for this employer on 21.02.2014 and left UK on 26.02.2014. While serving notice period I had informed the HR to notify to the UKBA regarding my resignation. I recently checked with this HR, but the HR has informed me that they did not notify the Home Office about my resignation until I checked with them on 02.10.204 subsequently they notified through the SMS online portal. I have a new COS but learnt that I cannot make new application under Tier2 by applying outside of the UK until my cooling-off period completes.
I would like to know due to this delayed notification, does it have an effect on my 'cooling-off period' start date! I have my last pay slip, P45, flight ticket, boarding pass of leaving UK and not returned to UK by any other visa! The Tier 2 guidance policy states in point 26, I can show evidence of leaving UK, provided the employer entered my last date of employment via SMS report online!
The notification has been made only after 7 plus months and it's not my fault and the HR has failed to comply with the sponsor rules. Hence, my enquiry is to clarify when my 'cooling-off period' starts and ends, i.e., 26.02.2014 (the day I left UK?).
Kindly provide advise on this issue and if there is an option I should get a detailed clarification it would be really helpful!

swgirl
Junior Member
Posts: 52
Joined: Tue Nov 27, 2012 2:34 pm
Location: United Kingdom
India

Re: Employer notified resignation after 7 months:cooling-off

Post by swgirl » Thu Oct 09, 2014 7:31 pm

Starts on the day you left the UK. I left in Feb and went for a visit in July and I was told my employer hadn't informed them for a while. It's all good if you can prove you have not been in the UK on a Tier 2 since you left.

User avatar
samdav7
Member
Posts: 128
Joined: Mon Mar 02, 2009 7:25 am
Location: united kingdom
India

Re: Employer notified resignation after 7 months:cooling-off

Post by samdav7 » Thu Oct 09, 2014 7:52 pm

Hi swgirl,
Thanks for the info! The passport should show entry stamp of returning date to my Country, so that should suffice, providing with my last pay slip, P 45, flight ticket and boarding pass as well! These are the only evidence that can be provided of leaving and not been in the UK!

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