Tier2 moving jobs, long notice period

Had a couple of questions related to Tier 2 Employment Transfer:

1) What if I get an offer on the 1st of March, but want to start on the 1st of July (due to 3 months notice period + some time to get a Visa). So I'll apply for the visa ASAP and after I get it can I continue working for my current employer until the end of June?

2) So let's say I have my new visa and I'm handing in my 3 months notice what if my current employer decides to terminate me (with pay) on the spot, would this be a problem with visas as I'm out of the job for 90 days instead of 60?

3) What happens if the visa is approved, but the new employer pulls out of the contract and I didn't inform my current employer yet? Do I revert in sponsorship or am I screwed?

Cheers,
Anthony

2. There is no '60 days employment' gap rule anymore. It was removed over a year ago.

3. If your 'new' sponsor cancels the offer etc, you will have to reapply for a visa and pay all the fees again to work for your 'current' employer, they will also have to likely complete the RLMT etc. You cannot 'revert' back to your old (current) visa.

CR001 wrote: ↑

Sat Feb 02, 2019 12:53 pm

2. There is no '60 days employment' gap rule anymore. It was removed over a year ago.

3. If your 'new' sponsor cancels the offer etc, you will have to reapply for a visa and pay all the fees again to work for your 'current' employer, they will also have to likely complete the RLMT etc. You cannot 'revert' back to your old (current) visa.

Thanks for your reply!

Regarding 2: if I'm fired I have 60 days to find an employer or I have to leave the country.
From your answer I presume this doesn't apply in the case I transferred employers and I start working in 90 days? Seems a bit odd, could I schedule my next job to start in 180 days and still legally stay in the UK while not working?

Upon rereading I think the following may happen: if I get fired right away I may receive a curtailment letter from the Home Office telling me my Visa is valid for 60 days after I left my job. I'll have to leave the country in those 60 days as my next job will start in 30 days after my Visa expires and I'll enter the 1 year cooling off period. Even if I'd already have a valid Tier 2 visa that starts in 30 days(?). Could you clarify this for me?

You are confusing two separate issues

There USED to be a 60 days employment gap cap. There isn't anymore.

The 60 days curtailment is a completely different thing. Within 10 days after of your last day of employment, the sponsor must inform HO that you have left and they are no longer your sponsor. This triggers the curtailment process. The 60 days starts from the date you get the letter from HO not the date you left your job. The letter will tell you till what date your visa expiry date has been changed/curtailed to.

CR001 wrote: ↑

Sun Feb 03, 2019 9:06 am

You are confusing two separate issues

There USED to be a 60 days employment gap cap. There isn't anymore.

The 60 days curtailment is a completely different thing. Within 10 days after of your last day of employment, the sponsor must inform HO that you have left and they are no longer your sponsor. This triggers the curtailment process. The 60 days starts from the date you get the letter from HO not the date you left your job. The letter will tell you till what date your visa expiry date has been changed/curtailed to.

Thank you for being patient and replying to my questions!

I didn't want to create the confusion. I realise now that the 60 days employment gap cap change is related to obtaining the ILR. But my initial problem was about the closer future, so I'm not sure if the change is immediately applicable to that problem (but good to know that my ILR clock won't reset in 60 days of not working).

I also understand that the curtailment letter is received after my sponsor notifies HO, I was just assuming the worst case scenario when "out of job day" equals "received curtailment letter day". Even if that's extremely unlikely, it's reasonable to assume that there is a risk of the letter arriving in 30 days.

But back to my question: most of the info on the web seems to be about being terminated and getting a curtailment letter after which you have 60 days to apply for the new visa. My question is what if I already have a visa my new job starts in 90 days (is it even possible to switch visas so early before the start date?). After being terminated can I stay in the UK until I start my new job, or at least can I leave for 30 days, return and start my new job?

If it helps I'll just describe my situation: I want to start the job on the 1st of July. How soon can I apply for the switch (assuming tomorrow is ideal and my new employer has a COS)? Also is there any risk involved when I'll hand in my notice on the 1st of April and potentially be terminated with pay in lieu right then (ie with HO curtailing my Visa)?

rombo wrote: ↑

Sun Feb 03, 2019 10:37 am

If it helps I'll just describe my situation: I want to start the job on the 1st of July. How soon can I apply for the switch (assuming tomorrow is ideal and my new employer has a COS)? Also is there any risk involved when I'll hand in my notice on the 1st of April and potentially be terminated with pay in lieu right then (ie with HO curtailing my Visa)?

If you start 1st July then your employer can issue you CoS on 1st April and you can apply straight away. Do you hand in your notice until your new visa is issued