ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

A few questions

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

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

Locked
broccoli
Newbie
Posts: 41
Joined: Thu Mar 10, 2011 10:02 pm

A few questions

Post by broccoli » Sat Jun 16, 2012 5:06 pm

Hello,

I have a few questions I'd appreciate feedback on:

- For T2G users coming to the UK after April 2012: if they are made redundant at one point in time, can they try finding a new sponsor within 60 days (and possibly have to go through RLMT), or does the cooling-off period apply right away? This new rule is a bit confusing because the statement talks about "expired visas". What qualifies as "expired" in this case?

- If the answer to the above is that yes and that the employee wouldn't be subject to a cool off period - what about cases of employer switching, without being made redundant?

- With regards to the 180 days outside-the-UK rule, the statement mentions that business trips can be disregarded by the ECO, yet it claims then that this applies as long as the total stay outside the UK within 5 years is less than 180 days. I don't see how this changes anything. Does it mean the limit is still 180? or 180*2?
What if for instance the employee has 60 working days of holidays per year. These alone would amount to more than 180 over a 5 years period.

Thank you

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Mon Jun 18, 2012 11:23 am

Tier 2 General migrants are allowed to switch sponsors in-country. There is no cooling-off period provided they don't leave the UK.

If you are made redundant the employer has to report the termination of your employment to UKBA within 10 days. Your visa will then be curtailed to 60 days from the date UKBA make their decision to curtail it.

You have the following time period available for finding a new sponsor who, unless an exemption applies, has to do a RLMT (28 days) before assigning a CoS to you:

notice period (varies, but typically 30 days)+ the time your employer takes to report to UKBA (max. 10 days) + the period UKBA takes to curtail your visa (unknown) + 60 days.

There is nothing to stop you looking for a new T2G sponsor any time, i.e. without having been made redundant in your present job.

See Q16 and Q17 in this Sticky which deals with ILR:
http://www.immigrationboards.com/viewtopic.php?t=79378

Locked