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Just got notice of contract termination and have some questions

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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crazybear
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Just got notice of contract termination and have some questions

Post by crazybear » Fri Aug 23, 2024 11:42 am

Hi,

I just got the notice of contract termination from my employer. Can you please help with my questions below.

Context: I am the main holder of Skilled Worker Visa. My wife is working in another company as my dependent. Our current visa is valid for 3 more years.

1. According to notice given, my employment contract will be terminated on mid-October 2024. After termination date, we will need to travel out of the UK to visit our family. In case I cannot find a new job, I'm wondering: will we face any issues entering the UK? I've read in forums that border police officers might refuse your entrance after the termination date. However, two of my friends were able to then re-enter the UK 7-8 months after losing their jobs. I guess the entrance permission in such cases is at border officer's discretion, so nothing definite can be said.

2. Most people say the curtailment letter arrives late (sometimes never). Does the delay in receiving the letter mean that the ILR clock is not reset? Let's say I was unemployed for 6 months and didn't get the curtailment letter, then found a new job. Does being unemployed during that period reset the ILR clock?

3. Currently, my spouse is working in a company as my dependent. In the situation where the curtailment letter has not arrived, does this affect their right to work?

4. My spouse's company will most likely sponsor her. Normally, if we switch to a skilled worker visa through her, our ILR clock resets. I was wondering if it's possible to prevent the ILR reset by taking legal action in such a situation. There might be precedent cases. Do you have any information on this?

Thanks a lot!

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CR001
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Re: Just got notice of contract termination and have some questions

Post by CR001 » Fri Aug 23, 2024 11:53 am

1. Ideally, you should not travel. You risk being refused entry as the surprise of your stay has ceased.

2. Being unemployed has nothing to do with ilr clock being reset!! There is no such rule anymore.

3. All visas will be curtailed/cancelled yes.

4. No, you cannot prevent the clock resetting if you do that switch etc and any legal action you hope to take will fail and all UKVI costs will be for your account to pay. There are no "precedent cases" . The immigration rules are very clear.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

crazybear
Newly Registered
Posts: 6
Joined: Fri Aug 23, 2024 11:39 am
Turkey

Re: Just got notice of contract termination and have some questions

Post by crazybear » Fri Aug 23, 2024 1:17 pm

Thanks for the answers @CR001.
CR001 wrote:
Fri Aug 23, 2024 11:53 am
3. All visas will be curtailed/cancelled yes.
Regarding your answer to third question: I always thought my spouse can continue working if we don't get the curtailment letter. What do you think about this case? Do you think she can't be working after my contract termination date?

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CR001
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Re: Just got notice of contract termination and have some questions

Post by CR001 » Fri Aug 23, 2024 1:42 pm

Her visa is wholly dependent on your being in the uk with a sponsoring employer and your visa being valid.

If your visa is curtailed, the dependent visas are also curtailed

Note I said curtail/cancelled, I did NOT say from your end of employment date!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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