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Resigning on a Tier 2 Visa

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

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shareenmt
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Posts: 1
Joined: Thu Feb 23, 2012 11:43 am

Resigning on a Tier 2 Visa

Post by shareenmt » Thu Feb 23, 2012 11:46 am

I am looking at moving back to Australia soon, however as my work have decided not to give me the bonus I was owed because I'm leaving, I'd like to resign about a month before I'm due to leave.

Does anyone know how long I can remain in the country once I have resigned from a Tier 2 Visa position? My LTR will still be valid but I'm presuming only whilst I'm employed.....

Someone mentioned to me they thought I had 60 days to either leave or find another job???

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Thu Feb 23, 2012 12:07 pm

The guidance refers to situations where the UKBA may (not entirely sure if this indicates possibility or permission?) curtail the leave of the Tier 2 migrant. It does not mention if these conditions apply automatically from the time the Tier 2 migrant stops work, or if it applies only from the time the UKBA actually makes written contact to inform the Tier 2 migrant of their intentions to curtail.

Curtailing leave
222. If you are no longer working for a licensed sponsor, we may curtail your leave. This may happen if:
• your employment ends before your period of leave; or
• your sponsor does not renew its licence; or
• your sponsor’s licence is revoked; or
• your sponsor is taken over by another organisation and/or there is a transfer of employment, and your new employer does not apply to become a licensed sponsor within 28 calendar days of taking over the business.

223. We may curtail your leave as follows:
• to 60 days. You may wish to make a further application for leave in another category
or with another sponsor; or
• with immediate effect, if the sponsor’s licence was withdrawn and we consider that
you were complicit in the actions that resulted in the licence being withdrawn.Tier 2 Policy Guidance (Version 02/2012) - Page 44 of 52

224. If you have 6 months leave or less remaining, we will not curtail your leave.

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