Visa, Redundancy

[paulj504]

I'm an American expat starting my fourth year in the UK. I started as a work permit holder, then switched jobs last summer and to Tier 2. My new employer has advised me of impending redundancy. So I could use some advice on my options for continuing in the UK as I'd like to eventually qualify for ILR. So the questions I'm wondering about are -

- How much time beyond my termination date do I have to secure a new employment and visa? Given the long lead times for PEO appointments, is there any grace period if you've established a CoS?

- Is Tier 1 an option for people in the UK? I've read on this board that it was closed completely.

- If I should fail to secure employment timely, is it possible to come back immediately as a tourist to continue searching or concluding affairs in the UK? Say, a quick turnaround in Paris?

- How are employment switches and gaps and time between employment treated in qualifying for ILR?

Many thanks for help in this unwelcome turn of events.
-Paul

[geriatrix]

- How much time beyond my termination date do I have to secure a new employment and visa?

If your job ends before your permission to stay expires, it is likely that UKBA may limit your permission to stay to 60 days. If you want to stay in the UK beyond that time, you will need to make a new application.

UKBA will not limit your permission to stay if your permission to stay will expire in less than six months anyway.

Given the long lead times for PEO appointments, is there any grace period if you've established a CoS?

No.

- Is Tier 1 an option for people in the UK? I've read on this board that it was closed completely.

Closed for new applicants.

- If I should fail to secure employment timely, is it possible to come back immediately as a tourist to continue searching or concluding affairs in the UK? Say, a quick turnaround in Paris?

Yes, as long as you can convince the IO that you, as a non-visa national, are entering UK for a "visit".

- How are employment switches and gaps and time between employment treated in qualifying for ILR?

Employment switches and employment gaps do not matter as long as there is no gap in leave (in qualifying categories only).

[paulj504]

Thanks much, sushdmehta. Just a couple of quick follow-ups...

>> likely that UKBA may limit permission to stay to 60 days ..

Is there a published policy somewhere around this? Do they typically send a notification? I just want to make sure I'm here legally - it's the first question asked later (viz., have you ever over-stayed..).

Around ILR qualification ... am I right in assuming that five years under Tier 2 will qualify me for ILR? In my situation, when does my leave officially end? When my job ends or when I officially need to be out under the '60 day' rule.

Goodness - you'd think this would be top of the FAQs on their web site.

Thanks again,
Paul

[geriatrix]

Is there a published policy somewhere around this?

See Curtailing leave.

Do they typically send a notification?

They should, to your last known address in their record. Whether you are still living at that address or will be forwarded a letter sent to that address is another matter. If I were you, I would consider myself illegal according to the timelines suggested, without the need for a "letter from UKBA" confirming such.

Around ILR qualification ... am I right in assuming that five years under Tier 2 will qualify me for ILR?

You cannot apply for ILR under Tier 2 if you are not employed at the time of such application (245GF(e) and 245HF(d)).

[paulj504]

Again, most helpful. Thanks. I hate to put too fine a point on it, but the 'may' part of the policy does sound like there's a little bit of wiggle room. You did mention that ILR qualification requires one to be continuously on a valid visa. Is the 60 days considered part of that? IOW, if I pick up a new sponsorship after my prior has ended, would I meet the ILR qualification criteria?

[geriatrix]

Is the 60 days considered part of that? IOW, if I pick up a new sponsorship after my prior has ended, would I meet the ILR qualification criteria?

Yes, if you are able to apply for leave to remain (on basis of a CoS assigned by a new employer) before the 60 days period expires, then it should not be a problem in applying for ILR (as and when you become eligible).

[paulj504]

I noticed that the UKBA page says that -

You can apply to extend your stay in the UK under Tier 1 (General) if you are already in the UK with permission to stay (known as 'leave to remain') in one of the following immigration categories:

highly skilled migrant
writer, composer or artist
self-employed lawyer
Tier 1 (General)
Highly Skilled Migrant Programme (HSMP), if you are eligible to switch into Tier 1 (General).

Would that mean an existing Tier 2 visa holder could apply under the first category?

Thanks ...

[geriatrix]

No. Read the (quoted) statement carefully.