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Tier 2 (ICT) Long Term Leave to Remain & Redundancy

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

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Lemzee
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Posts: 1
Joined: Mon Jan 04, 2016 2:34 pm

Tier 2 (ICT) Long Term Leave to Remain & Redundancy

Post by Lemzee » Mon Jan 04, 2016 2:54 pm

Hi,

Am a Singaporean citizen based in the UK and have been here for the past 5 years on a Tier 2 (ICT) visa. My visa was extended in 2015 for another 5 years to 1 Oct 2020. However, in November 2015 I was notified that my role was to be made redundant and my proposed termination date would be 5 Jan 2016. I am still under negotiations with the company with regards to my termination payments.

From what I have read, my company has 10 days to inform the Home Office about the end of employment, and the Home Office usually takes 28 days to come to a decision on the curtailment, and then leave may be curtailed to 60 days upon receiving the curtailment letter.

However, due to urgent family matters I have to travel out of the UK for 2 weeks between 9-23 January and 1-15 February. I have a few courses that I have signed up for, following which, I intend to leave the UK for good beginning of April.

1. If I have not received my curtailment letter during this period is it OK to leave and re-enter the UK before I receive the letter?
2. Will it do me any good to inform the border control when I return on the 23rd of January about my change in employment?
3. If I have evidence (flight tickets and cancelled rental lease) that I will be leaving the country for good and have no intention to stay after April will it help with my re-entering the UK?
4. Singaporeans do not require a visa to enter the United Kingdom for tourism or business for less than six months. -> Based on this, will i be able to enter the UK as a tourist on the 23rd Jan/ 15 Feb?

Kindly advise. Many thanks!

jigar_shah
Newly Registered
Posts: 6
Joined: Thu Dec 03, 2015 3:40 pm

Re: Tier 2 (ICT) Long Term Leave to Remain & Redundancy

Post by jigar_shah » Tue Jan 05, 2016 2:27 pm

you should enter as tourist if in jan/feb if you are no longer employed. generally companies revoke sponsorship at the same time as curtailment of employment but if they forget to do so, your visa would remain valid until it expires.

in either case, if you have right to enter as tourist, why would you deceive UKBA with your work visa?

avjones
Diamond Member
Posts: 1568
Joined: Wed May 16, 2007 6:43 pm
Location: London
United Kingdom

Re: Tier 2 (ICT) Long Term Leave to Remain & Redundancy

Post by avjones » Tue Jan 05, 2016 11:30 pm

that all sounds very risky. Once you have been made redundant, you would be at risk of being held to enter the UK by deception, holding yourself out as a person who is employed when you are not.

Although you don't need a visitor as a tourist, there is the risk if your sponsorship has recently been withdrawn that you could be refused entry. Impossible to say how likely that is.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

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