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Re-Enter UK during 60 days period after job termination.

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

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sanjaysinghal1988
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India

Re-Enter UK during 60 days period after job termination.

Post by sanjaysinghal1988 » Sat Feb 01, 2020 12:06 pm

Hi,

I left UK in December due to Medical emergency in Family, while I was on Tier 2 General Visa. To my surprise, my Organization denied to support me during this emergency and sent me a job termination (Two weeks back). Currently, I am in my home country and have lot of stuff in UK. I am also renting a apartment in UK. In order to collect my stuff and settle down bills/rent, I want to renter into UK. I know that i have 60 days to find a new job or leave UK once my job is terminated but not sure that if i could Re-enter into UK within 60 days. So Have few queries:
Can I Re-Enter UK?
Is there any duration within which I could renter or anytime within 60 days is fine?
Is there any limit on number of exit and re-entry within this period?

Would really appreciate your valuable advice.

Thanks
Sanjay

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Zerubbabel
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Re: Re-Enter UK during 60 days period after job termination.

Post by Zerubbabel » Sat Feb 01, 2020 7:31 pm

Hello

When your sponsor terminates your job, he will inform the Home Office (within 10 days). That triggers a curtailment letter that will be sent to your address.

This letter will usually give you 60 days. So the 60 stat from the letter not from when you lose your job. The letter may take months to come.

It's not recommended to travel during this period as they may not let you in (if the ECO asks where you work and you respond that you don't work).

uk-tier-2-employer-sponsored-visas/tier ... l#p1225719

But as you are abroad, you have no option than to come back. If you are still within the termination notice, technically it means you are still working.

But the longer you stay abroad, the higher the risks for the ECO being curious as people who work don't stay abroad for ages.

sanjaysinghal1988
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Posts: 4
Joined: Tue Nov 26, 2019 4:21 pm
India

Re: Re-Enter UK during 60 days period after job termination.

Post by sanjaysinghal1988 » Mon Feb 03, 2020 7:38 am

Thanks for your response.
Medical emergency was with my father, who is no more with us now. It would take me few days more to complete the customs and rituals for the same.
As the 60 days period start from the letter sent by HMRC, so does it means that we are allowed to enter anytime within those 60 days?
Is there any limit on number of days within which we have to re-enter?
Should we carry all the documentation related to my father as a proof and display them at the immigration's in case of any doubt's.

Thanks
Sanjay

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Zerubbabel
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Re: Re-Enter UK during 60 days period after job termination.

Post by Zerubbabel » Mon Feb 03, 2020 8:11 am

Medical emergency was with my father, who is no more with us now.
I am sorry for your loss :(

There is a risk that you won't be allowed in the UK. This risk is already there now and it increases day after day.

You know these officers in dark blue uniform at airport, they have the right to cancel any leave (Tier 2, Tier 4, ILR...) if the circumstances have changed and the person presenting at the border is no longer entitled to that leave.

When you come back to the UK, it will be obvious that you are not working. You know how employers are these days: you are lucky if they give you 2 weeks holidays in a row. If the ECO notices that you have been out for a while on a Tier 2, that's a first alarm that's going to ring in his head. In all probability, he will ask you if you are still working. Once you answer "no", it means you are seeking an entry to the UK as a visitor on a Tier 2 visa that you are no longer entitled to.

It's not always mater of curtailment. They can also deny entry on "change of circumstances". You have a Tier 2, you are not working for your sponsor, even if the visa is not yet curtailed, they can still consider the change of circumstances as strong enough to deny you entry.

Well, in other hand, I know people who go on abroad on holidays 3 times a year on visas they are not even supposed to hold as their circumstances changed but nobody ever challenged them at the border. It's mater of luck really.
Should we carry all the documentation related to my father as a proof and display them at the immigration's in case of any doubt's.
Yes always. If things go wrong, these documents might justify some compassion / discretion.

sanjaysinghal1988
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Joined: Tue Nov 26, 2019 4:21 pm
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Re: Re-Enter UK during 60 days period after job termination.

Post by sanjaysinghal1988 » Mon Feb 03, 2020 9:07 am

Thanks again for your response.
Let me be more specific on dates:
I came to India on 22nd December. Termination from company came on 20th Jan. They informed home office in the same week. Also, I flew back on 26th Jan to have a conversation with the company but same didn't went well. I have to fly back to India on 28th as my father passed away on same date. Since then I am here for all the ritual and customs. I am now planning to fly back on 8th Feb.

I just want to check that whether I could Re-enter, as same would be 20th day since my Job Termination?

Also, I checked all my mails and letters when i went back but I did not received any letter from home office (Until 27th Jan). I am thinking that, same could be the reason that I was allowed to enter without any questions, even when I didn't had any Job. Am I thinking in right direction?

Is there any defined criteria or guidelines issued by HMRC on these kind of situations. I tried searching on internet but could not find anything.

Thanks
Sanjay

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Zerubbabel
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Re: Re-Enter UK during 60 days period after job termination.

Post by Zerubbabel » Mon Feb 03, 2020 12:25 pm

Did they give any notice? Because until the end of the notice, you are still technically employed and part of the company.

The letter for the curtailment may take months and usually it does. They are not received just when your employment is terminated.

Check these posts:
uk-tier-2-employer-sponsored-visas/trav ... 23403.html

uk-tier-2-employer-sponsored-visas/trav ... 36935.html

uk-tier-2-employer-sponsored-visas/trav ... 23759.html

and also this (it provides reference documents):
uk-tier-2-employer-sponsored-visas/tier ... l#p1225719

But it's enough that they ask you "are you still with X" and you respond "no" for them to be in position to deny entry.

Did they ask anything when you came back last time?

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