Leaving country after Tier 2 visa extension

[Botman]

Hi. While we are extending tier 2 visa, at what point is it safe to leave country so cooling period doesn’t apply and there are no problems with ILR or at airport during travel?
Is it after we have 1) applied for extension, 2) after visa has been approved or 3) we have received next BRP after visa approval.

I know 3rd option is the safest but i want to visit home country. Can i do it with option 2?

[CR001]

Once visa has been granted and you have your BRP as you will need the BRP to return to the UK

[Botman]

What if i leave after visa approval and ask someone to post me the BRP? Risky move i know but still.

[CR001]

Your choice, your risk.

Note that some have waited weeks for the BRP due to issues.

[Botman]

Hi everyone.
1) i have applied for tier 2 visa extension and done my biometric appointment. My contract and visa would be valid for 1 year. I want it for 15 months as it will help me avoid further visa costs just for 3 months as i will be starting a new post from August next year. I know it’s too late but is there anyway to modify it so i can avoid spending 1500-2000£ on visa fees just for 3 months? Can visa be modified after approval?

2) if i have a tier 2 visa of one year and my employment contract of 6 months is Ending... can i take a break in between before extending it And wud it be possible to visit home during this time?? i do not wish to use my annual leave for it.. please advise. thanks

3)Till when can we work for our previous employer if we have applied for a new tier 2 visa with a different employer?

[CR001]

1) i have applied for tier 2 visa extension and done my biometric appointment. My contract and visa would be valid for 1 year. I want it for 15 months as it will help me avoid further visa costs just for 3 months as i will be starting a new post from August next year. I know it’s too late but is there anyway to modify it so i can avoid spending 1500-2000£ on visa fees just for 3 months? Can visa be modified after approval?

No it cannot be changed after visa approval and if your CoS was only for 1 year. Is your new visa for the August job or for your current job?? Is the new job in August a different employer and SOC to your current job??

2) if i have a tier 2 visa of one year and my employment contract of 6 months is Ending... can i take a break in between before extending it And wud it be possible to visit home during this time?? i do not wish to use my annual leave for it.. please advise. thanks

Should be ok.

3)Till when can we work for our previous employer if we have applied for a new tier 2 visa with a different employer?

Until you get a new visa approved.

[Botman]

1. Yes my Cos was for 1 year. The visa i have just applied for is for my current job. I intend to start a new job in August 2020 so i would need a new visa from April to July 2020 and all the costs that come with it.

2. I don’t get this. So when i asked previously that my current visa is valid but I’m unemployed and am going to start a new job with a different employer- I can’t leave the country and come back even though my visa is valid but I’m unemployed. But if I’m unemployed with valid visa and going to extend my contract with the same employer, i can leave country in between. ????

3. When I’m switching visa next time, i want to go for a standard visa as I can’t keep spending money on priority visas.. how to time that as time taken for standard visa approval is very variable. Also, say my previous visa expires on 8 April and i started working for my employer on a 12 month contract from 1st May. If i have applied for the next standard visa, can I continue working for my employer in April (even though my previous visa would have expired but i have applied for a new visa which is under process)?

[CR001]

1. Yes my Cos was for 1 year. The visa i have just applied for is for my current job. I intend to start a new job in August 2020 so i would need a new visa from April to July 2020 and all the costs that come with it.

Then that is what you need to do if your current sponsor if prepared to issue another CoS.

2. I don’t get this. So when i asked previously that my current visa is valid but I’m unemployed and am going to start a new job with a different employer- I can’t leave the country and come back even though my visa is valid but I’m unemployed. But if I’m unemployed with valid visa and going to extend my contract with the same employer, i can leave country in between. ????

If you leave your employer before applying for a new visa, the curtailment process will be triggered if you have more than 60 days visa validity. If you are not employed by your sponsor and hope to travel and come back to find and apply for a new sponsor, expect the likelihood of being questioned on returning as the purpose of your visa is no longer relevant as you won't be sponsored or employed by your tier 2 employer. Your choice if you want to take this risk but if you are refused entry (and the IO will see HO notes etc), then you will be returned to your home country and the 12 months cooling off period will apply.

3. When I’m switching visa next time, i want to go for a standard visa as I can’t keep spending money on priority visas.. how to time that as time taken for standard visa approval is very variable. Also, say my previous visa expires on 8 April and i started working for my employer on a 12 month contract from 1st May. If i have applied for the next standard visa, can I continue working for my employer in April (even though my previous visa would have expired but i have applied for a new visa which is under process)?

Yes, but not for your new employer. You can only work for your new employer when you get your new visa. If you make an in time application, section 3c protection kicks in and even if your visa expires while HO processes your new application, your previous visa conditions continue but you cannot work for your new sponsor yet.

[Botman]

2. “If you are not employed by your sponsor and hope to travel and come back to find and apply for a new sponsor”.

My intention is to finish my 6 month contract while I’m on a 1-year tier 2 visa and then take a one month break to visit home country and come back to contine working for the same employer on an extension of contract.

3. “Yes, but not for your new employer”

But i can continue working for my current employer till my visa gets approved even if my current BRP has expired?

4. About the standard visa application, say i apply 2 months before expiry of my BRP, and visa is granted a month after application.. I can’t continue working for my current employer for the last month and have to stop immediately as soon as my new visa gets approved?


5. Any issues with taking unpaid leave? Particularly for ILR? For tier 2 visa there’s a condition of minimum 30k annual salary. Does it mean we have to actually earn 30k every year or just that our annual salary when working has to be 30k? For example if i take a one-month break when changing employer my salary would go down below 30k.

6. I applied for Priority tier 2 extension with sopra steria. Application submitted on 8 april and biometric appointment on 9 april. Today is 6th working day but no update. I called home office yesterday who gave me an email id and i emailed my query too yesterday but no reply yet. I have heard multiple stories of delay with new service. Do they refund the priority fee if they take more time than stated?

[Botman]

Any replies apart from number 6? 6 is sorted