Tier 2 ICT Long Term - resignation & duration of stay in UK

[supergood]

Hi, i have some basic question on which my lawyers opinion are divided. Hence asking here.

1. I am in UK since May'2013 under ICT Tier 2 Long Term. It is valid until Apr'2018.
On 09-May-2016, my employer has verbally intimated me that i will be "transferred" to home country with one month verbal notice as project has ended.
As per this, i need to leave UK on 08-June-2016.

My performance is good so far, and no issues with my employer. I asked them to extend the stay citing my son's school which is ending by mid July-2016. I have in fact offered to stay here without salary, as anyways i am paying house rent. Answer is, i have got a firm "NO".

Question 1: Can i stay here legally, after my employer has asked me to leave on 08-June-2016? If yes, how long? Will it be counted as overstay?

Question 2: My resignation notice period is 2 months. So if i "resign" today 03-June-2016, will my employer obliged to pay my UK salary for next 2 months until 02-Aug-2016?

Question 3: My HR is telling that they can still do the "transfer", as ICT is a kind-off bonded/slaved category, and employees don't have any control. It may or may not be true. But can they "transfer" me when my "resignation in UK" is in place?

Question 3: Say i leave to my home country. Then after, if my wife manages to get a job in UK, can i enter UK as a dependent? Will the 12 month cooling period be applicable to me?

Please respond clearly, as my entire career decision is based on the above questions.

Thanks in advance to all of you.

[supergood]

Further to my question above, here is more details.
UK Assignment letter from home country HR given in 2013 states as below:

>>>>>>>>>>
Termination of employment:
In the event that you or XYZ UK wishes to terminate your employment during the period of your assignment, you are obliged to provide and to receive your applicable period of notice as set out in your contract of employment. This is not least because you are likely to be involved in critical client projects and appropriate handover agreements must be made prior to your departure.

You accept that the notice provisions in your contract of employment are binding and agree that if you fail to provide the notice period applicable to you it is reasonable and justifiable for XYZ UK to pursue you for damages and/or compensation and to take enforcement measures against you. You further accept that you waive any rights that you have to object to such action.

The applicable notice at your level is TWO month.
<<<<<<<<<<<

[CR001]

I cannot answer all your questions but will answer number 3.

Question 3: Say i leave to my home country. Then after, if my wife manages to get a job in UK, can i enter UK as a dependent? Will the 12 month cooling period be applicable to me?

If your wife gets a Tier 2 General sponsor, she has to apply from her home country for entry clearance, she cannot 'switch' within the UK. The full and proper RLMT process has to also be completed to prove she is not 'pre selected' for the job. Cooling off period does not apply to you if you are applying for PBS dependent visa.

[supergood]

Thank you a lot for clarifying my question 3.

Just to add on, can i go to my home country (with or without ICT Tier 2 Visa that i hold now), and then can i apply as a 'dependent' along with my wife's application? Will the cooling period comes into effect i i go out of UK? Kindly clarify.

Again, thanks in advance.

[CR001]

Yes you can apply from home country. You should leave the UK before expiry of your visa/curtailment etc, i.e. don't overstay.

No, cooling off period is NOT applicable if you apply for a dependent visa.

However, if you at some point wish to apply for a Tier 2 General, then the 12 month cooling off period starts from the date you leave the UK on your current visa.

[supergood]

Clear response. Thank you a lot.

My Tier 2 ICT Long Term visa is valid until Aug'2018. My employer is asking me to leave on 9-June-2016.
So should i leave UK as per my employer's dictate, OR should i expect a written communication from UKVI to know my legally allowed stay period in UK? OR should i call UKVI and ask for the curtailment letter?

Kindly understand that i am intending to stay even without salary until my kid's school ends for this year in mid July-2016.

Thanks in advance.

[CR001]

I cannot answer all your questions but will answer number 3.

[supergood]

Sure. Thank you as it was clear for me to take some decision now.