Tier2 general - Entering country between change of employment.

[namitrawal]

I am currently working on a tier2 general visa.
My current job ends on 13th July 2018 and new one starts on 6th August 2018.

The questions are:
1) I need to travel outside the UK from 7th to 16th July. Will I be able to get the residence permit before 7th July when applying from withing UK (in 3 weeks)?
2) Can I enter the UK between 13/7 and 6/8 - The period between 2 jobs when I'm unemployed?
3) I'm eligible for applying for ILR this December. Will the application (the continuous residence clause) be affected by being unemployed between 13th July and 6th August?

[CR001]

1. It depends on when you apply for your new visa. BRP cards can take up to 10 days to be delivered, sometimes longer.

2. If you have a valid visa then yes.

3. No.

[namitrawal]

1) Thanks
2) Assuming I don't have my new BRP before I travel, will my current BRP count as a valid visa on 16th July, if my employment ended on 13th July?
3) What is the limit on the number of allowed days of unemployment between 2 jobs, so that it does not affect my ILR application?

[CR001]

2. No. Once your new visa is granted your current BRP is cancelled and invalid and I understand HO retains it.

3. There is no limit

[namitrawal]

Thanks for the quick responses.

Follow-up to question 2:

I have 2 options:
1) I get the new BRP before I travel. I'm assuming that counts as a valid visa, and I can enter the country on 16th July using that BRP. (The new job starts on 6th August). Is that correct?

2) I don't get the new BRP before I travel, I would still have my current BRP. Even though the my current job would have ended on 13th July, will my current (and only) BRP be considered valid on 16th July?

[CR001]

1. Yes, it is your new visa.

2. No. Your 'current' visa will be cancelled as soon as your new visa is granted. Your BRP is cancelled and HO likely retains it.

[namitrawal]

1) Thanks
2) I'm considering applying for a new BRP after returning to the UK (after 16th July). So, there shouldn't be any cancellation of the 'current' visa. In this scenario, can I use the 'current' BRP to enter the country 3 days after my last day of employment?

[CR001]

You have not stated when, exact date, you plan on applying for your new tier 2 visa in person!!

[namitrawal]

So the events will be
1) Last day at current employment within UK - 13th July.
2) Enter the UK from outside using 'current' BRP - 16th July
3) Apply in person for BRP for new employer - 20th July
4) Start working for new employer - 6th August.

My question is: Am I allowed to legally do step2 above i.e. enter the UK on 'current' BRP, 3 days after completing employment?

[marcnath]

So the events will be
1) Last day at current employment within UK - 13th July.
2) Enter the UK from outside using 'current' BRP - 16th July
3) Apply in person for BRP for new employer - 20th July
4) Start working for new employer - 6th August.

My question is: Am I allowed to legally do step2 above i.e. enter the UK on 'current' BRP, 3 days after completing employment?

Legally, your visa is valid until the date it is curtailed.
However, the ECO at the border has the authority to deny entry and even cancel the visa if he/she determines you are not entering for the purpose for which the visa is issued.
And that is your situation.
So, the chances are quite high that you will be refused entry and would have to apply for your new Tier 2 from outside UK.
Your continuous period (for 10 year route) will not be affected even if you apply for your new Tier 2 from overseas.

[namitrawal]

Thanks.

If start my notice period week later, such that my last day at current employer is 20th July, will I be allowed entry in the UK on 16th July using my 'current' BRP?

I can then apply for a new BRP using the premium service between 20th July and 6th August.

[marcnath]

Thanks.

If start my notice period week later, such that my last day at current employer is 20th July, will I be allowed entry in the UK on 16th July using my 'current' BRP?

I can then apply for a new BRP using the premium service between 20th July and 6th August.

Yes - can't see why not

[namitrawal]

Thank you for your answers. My new employer strongly advised against travelling outside the UK when on notice period - even if notice period ends 5 days after my date of entry in the UK.

[pere0026]

My new employer strongly advised against travelling outside the UK when on notice period - even if notice period ends 5 days after my date of entry in the UK.

such a good advice