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Tier 2 dependent visa expiring

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

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adamheroy
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Canada

Tier 2 dependent visa expiring

Post by adamheroy » Thu Sep 28, 2017 9:23 am

Hello,

I have been in the UK for over 3 years on a tier 2 dependent visa and my husband's unfortunately lost his job due to which our BRPs will in the next few months be cancelled. My daughter is in school and I would want her to at least finish her Year 2 which she has started already. Since we are both Canadians, can we stay in the UK for 6 months after our BRPs are cancelled or would we need to exit and re-enter the UK on a visit visa?

I also wanted to know if there is a cooling-off period for Tier 2 dependents before they can re-enter UK again. My sister is in the UK and she is going to have her first baby next year so I wanted to visit her at the time.

Thanks,
Adam

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CR001
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Re: Tier 2 dependent visa expiring

Post by CR001 » Thu Sep 28, 2017 9:35 am

Since we are both Canadians, can we stay in the UK for 6 months after our BRPs are cancelled or would we need to exit and re-enter the UK on a visit visa?
No, you cannot just 'stay in the UK for 6 months'. You will be classed as overstayers and have no legal status in the UK from the date stated in the curtailment letter. You must leave the UK on or before the date that HO stipulates.

You also cannot rent property/work/use NHS if you do come back and the IO allows you entry as visitors and not denied entry so close to your visas being cancelled.

When did he lose his job?

Has he been looking for a new sponsor?
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

adamheroy
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Joined: Thu Sep 28, 2017 9:17 am
Canada

Re: Tier 2 dependent visa expiring

Post by adamheroy » Thu Sep 28, 2017 9:41 am

He lost his job last week, we are still waiting to receive the letter from the HO and yes he is trying to find another sponsor fast. I have family here so we won't be renting or using NHS if we do visit again. My only other concern was if there is a cooling off period before we can enter UK again as visitors? If we need to leave end of December and I wish to enter in January to see my sister, would I be denied entry as a visitor?

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CR001
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Re: Tier 2 dependent visa expiring

Post by CR001 » Thu Sep 28, 2017 9:48 am

Curtailment letters can take many months to be sent out.

Employer has 10 days to notify HO that the job has ended, so likely this has not been finalised as yet and a curtailment letter will likely only be sent out in a few months, early next year.

There is no 'cooling off period' but the issue you will have is convincing an IO that you are genuine visitors, always difficult when a visa has been cancelled and you come back so soon after that event.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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