Resigned on tier2 general - stay in the country during visa

[Bellaedward]

Hi,
One of my friend is currently in the notice period on tier 2 general visa(last date February 10). Current visa is valid upto 2017. Her potential employer will be starting RLMT soon. This test is likely to get completed by February end. Post that cos and visa processing.
Question: 1. can she stay in the country during the RLMT--cos--visa processing? (I.e. Post 10 feb to say March second week)
2. Does she has to go back to her country during the visa process and return during visa interview etc?
3. If she goes back as said in the above point 2, does the cooling off period apply?
4. Maximum how long she can stay in UK without the sponsorship? (Silly one!)

Appreciate your quicker response

Thank you and regards

[moonlight55]

This is how it works - Once she leaves, her current organisation has to report her departure within 10 days to home office. Home office will take some days to process the request and will send her a letter informing that her leave is curtailed to 60 days from the letter date (and not from the last working date). This will give her time to look for new sponsors. She needs to ensure that home office has her current address because not getting the letter is not a valid reason for over-staying in UK.

To answer your other questions:

1. Yes, she can.
2. No. She can apply from within UK.
3. If she goes back, cool-off will apply.
4. Read the explanation above.

[manci]

when your friend's employment ends on 10 Feb her sponsor will inform UKVI and they will curtail her visa to 60 days counted from the date of the curtailment decision. She can remain in the UK during this period but shouldn't travel abroad because her curtailed visa would lapse on departure.

[Bellaedward]

This is how it works - Once she leaves, her current organisation has to report her departure within 10 days to home office. Home office will take some days to process the request and will send her a letter informing that her leave is curtailed to 60 days from the letter date (and not from the last working date). This will give her time to look for new sponsors. She needs to ensure that home office has her current address because not getting the letter is not a valid reason for over-staying in UK.

To answer your other questions:

1. Yes, she can.
2. No. She can apply from within UK.
3. If she goes back, cool-off will apply.
4. Read the explanation above.

Thank you for all the above information.

[Bellaedward]

when your friend's employment ends on 10 Feb her sponsor will inform UKVI and they will curtail her visa to 60 days counted from the date of the curtailment decision. She can remain in the UK during this period but shouldn't travel abroad because her curtailed visa would lapse on departure.

Manci, thank you for your timely response and information.

[Bellaedward]

when your friend's employment ends on 10 Feb her sponsor will inform UKVI and they will curtail her visa to 60 days counted from the date of the curtailment decision. She can remain in the UK during this period but shouldn't travel abroad because her curtailed visa would lapse on departure.

Manci, thank you for your timely response and information.

Manci, in the same above case, she is been offered with the contracting job from the new employer, which does not require RMLT (I think?). New employer will be providing the respective cos. please advise of the process of migration from T2G to contracting job and related visa. Would appreciate any information in this regard.

Thank you and regards

[manci]

If the "contracting job" is with an umbrella company it is probably illegal.

When changing employment the new sponsor must carry out an RLMT before they can assign the CoS (unless an exemption applies).

[Frontier Mole]

There are many companies offering tier 2 sponsorship to individuals in your friends situation.
They specifically target people subject to curtailment or nearing the end of tier 1 or tier 4 visa expiry. These are vulnerable migrants that they exploit for their own benefit.
If your friend is being offered a contracting role there are some questions she needs to ask

Will I be paid my salary even if there are no contracts? If no then it is not a role that can be filled by tier 2
Do I have to find my own contracts? If yes not a tier 2 role.
Do Ihave to pay a percentage of my earnings to the Sponosor? If yes then that is 100% Illegal.

When contracting will ALL work activites be directly controlled and managed bu the Sponsorr exclusively. If no then that is not a tier 2 role either.
There are other rules to the above but that can only really be determined by examining the contract.

Last but not least- if you are contracted to an employment agency for onward supply to other third parties that can not be a tier 2 role either.

There are also some companies offering roles that do not exist and they take an administration fee up front. Avoid at all cost any business that states you have to pay them a fee to gain employment. It is illegal and more than likely a scam.

[bond.boy203]

This is how it works - Once she leaves, her current organisation has to report her departure within 10 days to home office. Home office will take some days to process the request and will send her a letter informing that her leave is curtailed to 60 days from the letter date (and not from the last working date). This will give her time to look for new sponsors. She needs to ensure that home office has her current address because not getting the letter is not a valid reason for over-staying in UK.

To answer your other questions:

1. Yes, she can.
2. No. She can apply from within UK.
3. If she goes back, cool-off will apply.
4. Read the explanation above.

I thought cooling off period is only applicable for ICT and not for Tier 2 general ?

[moonlight55]

The cool-off applies for for Tier 2 General as well.

[Bellaedward]

The cool-off applies for for Tier 2 General as well.

Thank you everyone for all the information. Looking at the various challenges related to contracting job, my friend's new employer decided to go with the regular tier2G long visa processing.

Thank you and regards,

[Bellaedward]

This is how it works - Once she leaves, her current organisation has to report her departure within 10 days to home office. Home office will take some days to process the request and will send her a letter informing that her leave is curtailed to 60 days from the letter date (and not from the last working date). This will give her time to look for new sponsors. She needs to ensure that home office has her current address because not getting the letter is not a valid reason for over-staying in UK.

To answer your other questions:

1. Yes, she can.
2. No. She can apply from within UK.
3. If she goes back, cool-off will apply.
4. Read the explanation above.

I thought cooling off period is only applicable for ICT and not for Tier 2 general ?

Thank you for the information.
How to make sure that home office is having her current address? Please advise.

[Bellaedward]

This is how it works - Once she leaves, her current organisation has to report her departure within 10 days to home office. Home office will take some days to process the request and will send her a letter informing that her leave is curtailed to 60 days from the letter date (and not from the last working date). This will give her time to look for new sponsors. She needs to ensure that home office has her current address because not getting the letter is not a valid reason for over-staying in UK.

To answer your other questions:

1. Yes, she can.
2. No. She can apply from within UK.
3. If she goes back, cool-off will apply.
4. Read the explanation above.

I thought cooling off period is only applicable for ICT and not for Tier 2 general ?

Thank you for the information.
How to make sure that home office is having her current address? Please advise.

This link is useful in achieving the address change: https://eforms.homeoffice.gov.uk/outrea ... pdate.ofml

[Bellaedward]

when your friend's employment ends on 10 Feb her sponsor will inform UKVI and they will curtail her visa to 60 days counted from the date of the curtailment decision. She can remain in the UK during this period but shouldn't travel abroad because her curtailed visa would lapse on departure.

Manci,


In the same above case her new employer started processing her visa immediately, as a part of that a job advertisement was posted on the job sites starting from 18th of February. Which ran for 28 days( mid of March).

However the current situation is, due to technical error from server side, job posting was not visible and now the new employer have to re-post the job advertisement which will run for next 28 days.

queries are

- can she stay in UK for the duration of her new visa process? Kindly advise.
- does she require a letter from her new employer for staying in UK during the visa process?
- can a new employer issue CoS (certificate of sponsorship) while RMLT is running in parallel.

Please note that she hasn't received any letter from home office with respect to her current visa which is valid upto 2017.

Looking forward for your quick response.

Thank you in advance.

Regards,

[manci]

your friend should check that:
a) the previous sponsor informed UKVI of the termination
b) the HO have her correct home address

There is usually some delay between when UKVI is informed of a termination and when they make the curtailment decision but the length of the delay varies and cannot be predicted.

Your friend's visa will be curtailed to 60 days from the date of the curtailment decision. She can stay in the UK until the expiry of her curtailed visa plus up to 28 days. She doesn't need any letter from her future sponsor/employer for this but her CoS cannot be assigned until the RLMT has been satisfactorily completed - if the new employer is a licensed sponsor they should know that.