Tier 2 Non compete clause 3 months

[kunalgoel]

Hi Everyone, I am currently on Tier 2 visa where my employer wants to add a 3 months non compete clause(in addition to 3 months notice period).

What happens if I resign and want to move to a competing firm? I only start after 3 months from my termination of employment. I can however request the new employer to request for a visa within the 60 days grace period I am offered post end of tier 2 application. My questions

- Whats the grace period after termination of Tier 2 visa, if there is any?
- Can I stay 3 months in UK essentially without a sponsor as my contract would have ended with first employer and will start only post 3 months. I can however request the employer to get the application before I start the new job(3 months period).
-Lastly, does any of this impact my future application for ILR?

Thanks a lot,
Kunal

[sachinis100]

Can stay up-to the date on your curtailment letter that receive after your visa is cancelled. Make sure your at same address which you have submitted to HO while applying visa.

[kunalgoel]

Thank you ! but what happens if I have got a employer who sponsors me before the curtailment letter ends but the new job starts only after the curtailment. I believe the new sponsor can apply for the visa 3 months before the start.

For instance, if i resign on 31st Dec and my curtailment is till 28th Feb and meanwhile I find an employer who sponsors my visa and gets the documents before 28th Feb but the start date is only 1st April!

[CR001]

You are confusing multiple different things here.

A new sponsor can issue a CoS at Amy time. Your non compete clause is your problem and not a potential sponsors problem.

Curtailment of visa starts when HO sends a letter and not from when you resign or leave your job on the last day.

There is no "employment gap" issue anymore, it has been removed.

[kunalgoel]

Thanks, really helpful.

Quick follow up - lets say I receive curtailment letter with curtailment ending on 28th Feb and before the curtailment ends the new employer gets me leave permission starting only on 1st April. What happens between 28th Feb to 1st April as I don't have a permission to stay in UK? Secondly, if this is the case and I leave UK on 28th Feb how can I enter it back on 1st April as cooling period will apply?

[CR001]

Unlikely your visa curtailment will be that quick if you finish working on 31st December. Curtailment letters take a while to get sent out.

If you Apply for a new visa BEFORE your current visa expires or curtailment date, your legal stay continues whil HO process your application. Note it is a visa app that extends legal stay under Section 3c and not the assigning of a UCoS.

You are overthinking this process.

[kunalgoel]

Really helpful, thank you so much!