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Need help! My tier 2 visa expires in 2 weeks time...

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

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1b88b1
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Posts: 1
Joined: Tue Oct 23, 2012 10:05 pm

Need help! My tier 2 visa expires in 2 weeks time...

Post by 1b88b1 » Tue Oct 23, 2012 10:22 pm

Hi all! I left my previous employer in June 2012 and haven't got a new job yet. I was under tier 2 visa since November 2009 and the visa expires in November 2012. The thing is that I haven't received P-45 form from my previous employer (still waiting for it) or any letter from Home Office. I heard from an immigration service agent that I would have 2 months grace period after I receive P-45 form...(not sure if it's true or not?!?)

There are 2 questions I would like to ask...

1. I am wondering if I can stay here after the visa expiry date (November 2012) or make a new application for a tier 2 visa under a different sponsorship after the visa expiry date?

2. Would the cooling off period policy affect my application or my stay here?

Please help me on this. Thank you.

Regards,

1B88B1

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Tue Oct 23, 2012 11:42 pm

A P45 (tax document) has nothing to do with whether you can remain in the UK or not. The expiry date given on your vignette / BRP is the sole determinant of that fact, unless UKBA informs you otherwise (provided they have your current correspondence address).

1. You become an overstayer from the day that follows the expiry date of your current leave. You may apply for leave to remain within 28 days of becoming an overstayer.
Life isn't fair, but you can be!

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

Post by manci » Wed Oct 24, 2012 11:12 am

2.
the 12 month cooling-off period would only apply if you left the UK and then applied for T2 entry clearance from abroad. See Immigration Rule 245HB(g)

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