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Tier 2 (General) migrant -- what if job contract terminates?

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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elff
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Tier 2 (General) migrant -- what if job contract terminates?

Post by elff » Thu Aug 06, 2015 12:39 am

Hello,

I have a 5-year Tier 2 (General) migrant visa. I am not European and normally require visa to enter UK. The UK visa sponsor is a university (permanent academic job). What will happen to my visa if I quit this job upon mutual agreement and go to another country for a while? Will I be able to reenter UK? Will I be able to use this UK visa at least as a tourist at least for some time? Will I have problems with new Tier 2 UK visa applications (say, if I find a new job in UK some time later?)

Thank you in advance for your answers!

vinny
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Re: Tier 2 (General) migrant -- what if job contract termina

Post by vinny » Thu Aug 06, 2015 1:51 am

If you quit your job, then they may refuse you entry due to change of circumstances or purpose.

245GB(g) may require that you wait at least one year before applying for another Tier 2 (General) visa from outside the UK.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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geriatrix
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Re: Tier 2 (General) migrant -- what if job contract termina

Post by geriatrix » Thu Aug 06, 2015 9:07 am

The sponsor is required to inform the Home Office when a sponsored migrant's contract of, or for employment, or services or registration is terminated earlier than shown on their certificate of sponsorship (CoS), for example if the migrant resigns or is dismissed.

This may lead to curtailment of leave under 323A(a)(2).
Life isn't fair, but you can be!

elff
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Re: Tier 2 (General) migrant -- what if job contract termina

Post by elff » Sat Aug 08, 2015 11:16 pm

Will they stop the visa immediately after I quit the job, or will there be several months when I can still use the visa to reenter UK?

Another question: what if I quit one job, but will have an offer from another similar job in UK within next two months?

elff
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Two job affiliations in UK and Shengen area, simultaneously

Post by elff » Thu Aug 13, 2015 4:01 pm

Hello,

I hold a valid 5-year UK tier 2 visa AND a Permanent EU Residence Permit. (I am a non-European citizen).

My current job is a permanent academic post in UK university, and in addition I am offered another academic job in the continental Europe. They both agree that I have a double affiliation, but I should receive only one salary.

Question: will I have problem with my UK visa if the UK university stops paying me but continues listing me as an employee, while I get full salary from another country?

Another question: if the first scenario does not work, will I have problem with the UK visa if the UK university will pay only 25% of my current salary declared in my initial UK visa application, while the rest 75% of my salary will be paid by another European country?

Thank you!

geriatrix
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Re: Tier 2 (General) migrant -- what if job contract termina

Post by geriatrix » Thu Aug 13, 2015 4:37 pm

Topics merged.
elff wrote:Will they stop the visa immediately after I quit the job, or will there be several months when I can still use the visa to reenter UK?

Another question: what if I quit one job, but will have an offer from another similar job in UK within next two months?
Usually when leave is curtailed one is given 60 days to find another sponsor and apply for leave to remain under new sponsorship. Make sure Home Office has your current address. The letter will be sent to the address they have on record.
elff wrote:Question: will I have problem with my UK visa if the UK university stops paying me but continues listing me as an employee, while I get full salary from another country?

Another question: if the first scenario does not work, will I have problem with the UK visa if the UK university will pay only 25% of my current salary declared in my initial UK visa application, while the rest 75% of my salary will be paid by another European country?
Under Tier 2 sponsorship the sponsor must pay you the salary (mentioned in the CoS). Else, the sponsor may have its sponsor licence suspended / revoked.
Life isn't fair, but you can be!

elff
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Re: Tier 2 (General) migrant -- what if job contract termina

Post by elff » Fri Aug 14, 2015 12:45 pm

Thank you for the answers.

Another question: Will it be possible to change the CoS and obtain another UK tier 2 visa (or modify the existing visa) to allow to be paid by another country and work in the UK university?

geriatrix
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Re: Tier 2 (General) migrant -- what if job contract termina

Post by geriatrix » Fri Aug 14, 2015 1:57 pm

If you wish to remain in the UK as a Tier 2 migrant, you must be sponsored by a licensed sponsor, and the licensed sponsor who so sponsors you must pay you the salary as mentioned in the CoS on which your employment in the UK is dependent upon.

That's the principle!

All permutations and combinations that you may wish to work out to suit your circumstances must be in-line with / subject to the stated principle.
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elff
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Re: Tier 2 (General) migrant -- what if job contract termina

Post by elff » Mon Aug 17, 2015 9:27 pm

Thank you very much for the replies. I have another questions.

Could you please tell me, is there a possibility to fulfill the requirement of staying abroad not more than 6 months, if the cumulative stay abroad longer than 6 months per year is required within the "job trip" upon mutual agreement with the employer institutions in UK and abroad? There could be frequent trips to/from UK, so the stay abroad is not continuous. Do you think it is realistic?

geriatrix
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Re: Tier 2 (General) migrant -- what if job contract termina

Post by geriatrix » Tue Aug 18, 2015 1:30 pm

Absences from the UK become relevant only when applying for settlement. See 245AAA and 245HF-SD(B).
Absences from UK are not relevant when applying for leave to remain, unless Home Office becomes aware that you are not fulfilling the requirements of sponsorship / conditions of your leave.
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elff
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Re: Tier 2 (General) migrant -- what if job contract termina

Post by elff » Thu Aug 20, 2015 7:24 pm

Thank you very much for the reply. Could you please explain what is the difference between the settlement and leave to remain. I was thinking that after 5 years on the Tier-2 visa I will be able to apply for the settlement. Do you mean that I can stay outside of UK longer than 180 days per year and still be eligible for the settlement application in five years?

geriatrix
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Re: Tier 2 (General) migrant -- what if job contract termina

Post by geriatrix » Thu Aug 20, 2015 7:56 pm

Settlement = "Indefinite" leave to remain (ILR).
Leave to remain or (definite / further) leave to remain (FLR)= extension to remain in the UK for specific period of time (the time periods defined as per immigration rules, e.g. - time period of sponsorship - 6 months, 1 year, 2 years, 3 years, 5 years).


For ILR under Tier 2, one needs a letter from the sponsor(s) certifying the absences from UK (during the 5 years) to be related to work / job for which the migrant has been sponsored.
For FLR, absences from UK in previous years are not taken into consideration.
Life isn't fair, but you can be!

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