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query regarding job offer after ending

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

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docmail
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query regarding job offer after ending

Post by docmail » Tue Apr 02, 2019 8:00 pm

Hello All,
My job ended on 09th Jan 2019 on tier 2 general. Is there any way that the same company can sponsor you for the same soc code at anytime before the curtailment on Tier 2 without rlmt?
Regards
a

docmail
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Re: query regarding job offer after ending

Post by docmail » Tue Apr 02, 2019 11:38 pm

Sorry to add to it it is research position and i am referring to 28.11 in https://assets.publishing.service.gov.u ... _v1.0_.pdf

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Frontier Mole
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Re: query regarding job offer after ending

Post by Frontier Mole » Wed Apr 03, 2019 6:26 am

Trying to get a better idea of your circumstances.

Were you terminated from your employment on 9/1/2019? And if so for what reason?
Are you aware if the company has informed the Home Office?
When does your current visa expire?

I doubt you will have received your curtailment letter as yet and will probably not do so for some weeks yet.

Once a Sponsor terminates employment and informs the Home Office that from a Sponsor point of view ends the process of your sponsorship. If they were to re-employ you then they will have to go through the RLMT etc.

At this moment until you receive your curtailment notice and to the expiry of the notice you can actually still work for your employer. It is a horrible loophole in the guidance on preventing illegal working. You have a valid visa until the expiry of the curtailment notice.

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CR001
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Re: query regarding job offer after ending

Post by CR001 » Wed Apr 03, 2019 6:30 am

Frontier Mole wrote:
Wed Apr 03, 2019 6:26 am
Trying to get a better idea of your circumstances.

Were you terminated from your employment on 9/1/2019? And if so for what reason?
Are you aware if the company has informed the Home Office?
When does your current visa expire?

I doubt you will have received your curtailment letter as yet and will probably not do so for some weeks yet.

Once a Sponsor terminates employment and informs the Home Office that from a Sponsor point of view ends the process of your sponsorship. If they were to re-employ you then they will have to go through the RLMT etc.

At this moment until you receive your curtailment notice and to the expiry of the notice you can actually still work for your employer. It is a horrible loophole in the guidance on preventing illegal working. You have a valid visa until the expiry of the curtailment notice.
Previous posts.

uk-tier-2-employer-sponsored-visas/curt ... l#p1740868
Char (CR001 not Casa)
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Frontier Mole
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Re: query regarding job offer after ending

Post by Frontier Mole » Wed Apr 03, 2019 6:36 am

So no matter what if they are aiming at ILR they will need a new visa to get them to July 2019 and confirmation of the role will exist from their Sponsor beyond the application for ILR.

Thanks CR001

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Re: query regarding job offer after ending

Post by docmail » Wed Apr 03, 2019 9:23 am

Sorry, i agree rlmt is best way but for a researcher role i am referrring to below info in guidance. I understand that i need to have a work visa beyond july 2020 . Answer to your specific query:
Were you terminated from your employment on 9/1/2019? And if so for what reason?
Yes, contract ended.
Are you aware if the company has informed the Home Office?
No
When does your current visa expire? July 2020

I am refering to 28.11:
28.11You do not have to carry out a resident labour market test if you are a Higher Education Institution or Research Council and:•you wish to sponsor a migrant to continue working as a member of an existing research team

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Frontier Mole
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Re: query regarding job offer after ending

Post by Frontier Mole » Wed Apr 03, 2019 1:32 pm

Yip looks if you can step back into the roll without a RLMT, they just need to issue you with a new COS.

You would qualify under point two rather than point one of 28.11

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