US citizen on Tier2 -- q on visitor stay after resigning

[jeffkunins]

Hi,

I am a US citizen currently on a 3 year Tier 2 visa with myself, wife, and 3 children.

I am considering resigning my position to take a role at a different US company, including repatriating back to the US.

however, it is midway through the school year and we do not want to pull our kids out of school until the end of June.

q - if I resign imminently and become a US employee of US employer again (we still own our US home in addition to renting here in London) --- can my family immediately be considered to be here on standard US visitor status through June? They will have been here a total of less than 6 months since their last re-entry into the UK on Jan 8.

i would be flying back akd forth during this peruod -- official residence in Uas but visuting my family here until we all return permanently to US at end of June.

in particular we have plans to visit Morocco and France at two times during this period, so we need to he able to get in and out of UK as normal US visitors vs our tier 2 which will no longer be valid.

any advice would be incredibly helpful, as I cannot accept this new position if it will mean disrupting my family before the school year is finished.

thanks!

[Greenie]

1. In order to be in the uk as a visitor you/your family would need to physically leave the uk and seek entry ad a visitor
2. You may find it difficult to convince the immigration officer on arrival that you are genuinely seeking entry as a visitor given your circumstances
3. Children who are in the uk as visitors are not permitted to study at state schools.

[manci]

If you are thinking about resigning you probably have to give notice. The employer will only need to inform the HO after the end of the notice period and within two weeks of the actual termination. The HO will then curtail your and your dependants' visas to 60 days but the 60 days count from the time they make the curtailment decision, not from the date of the termination. Also, your family could stay in the UK for 28 days beyond the curtailment date because overstaying for not more than 28 days is disregarded for most immigration purposes although your children may not be allowed to attend school during the 28 day period.

Considering all this (incl. how much notice you have to / want to give) it may be possible to stretch out your family's stay till June.

[Greenie]

What Manci says is correct however if you want to travel to and from the UK after your employer had reported your resignation then you are likely to have difficulties entering on your tier 2 /tier 2 dependent visas.

[jeffkunins]

Thank you all for the rapid and helpful replies.

I formally have 30day notice period, but my employer can accelerate to immediate and pay me the 30days, which is their typical.

my children are at a private International school, not a state school.

Q -is there a way I can apply under my situation to the UK Immigration, for a valid extension through June given our circumstances, including the ability to come and go freely from UK until then?

we already have our plane tickets to US at end of June and can prove; we will have proof I have begun work in the US again, will be able to prove a scheduled relocation /removal of our goods and cancellatioj notice of our rental home lease, my wife does not work here so we will not be attempting to work in UK while no longer sponsored, we are paying material amount of money in UK for rent / private school/etc so supporting the economy, and last can demonstrate sufficient funds to cover our expenses until we depart.

how can I best pursue this in fully above board way and get the approvals we would need ?

thank you!

[jeffkunins]

Related option -- is there something the new employer could do (they also employ expats here in UK)? Could they quickly request to be sponsor for me on a short term visa of some sort just for the 5 months?

[manci]

Related option -- is there something the new employer could do (they also employ expats here in UK)? Could they quickly request to be sponsor for me on a short term visa of some sort just for the 5 months?

possible if they are T2G licensed sponsors and your new job and salary comply with the requirements