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Tier 2 employment termination

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

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dk1806
Newly Registered
Posts: 2
Joined: Wed Nov 21, 2012 11:05 pm

Tier 2 employment termination

Post by dk1806 » Wed Nov 21, 2012 11:16 pm

Hi
Is there any one who can help me gauge the situation that i find myself into?
I have the following queries and I would appreciate if you can provide me with your experienced views on the same

I got my tier 2 sponsored visa in october this year, but due to some issues at work my employment got terminated and my employer didnt even care to give me a notice about it. It was terminated abruptly. now i have been working for the same employer for over 2 years now, my previous status being PSW which i got converted into Tier 2 general.
I would like to know the following points
1) Can i travel for 3 weeks as i am not too sure if my employer has intimated the homeoffice yet
2) How many days can i stay in the UK if he has cancelled my visa and reported that to the homeoffice
3) Can i apply for enterprenuer visa instead and register my own company.
4) what are the termination of employment laws in this country?
(since i havent receievd any formal letter from him yet regarding the termination of employment)

Please if you can reply to my questions
Regards
D

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

Post by manci » Thu Nov 22, 2012 9:31 am

Employment law is a very large field. The first thing to do is to check your employment contract to see what it says re. termination and whether your employer complied with it. It seems that you have been summarily dismissed. You should receive a letter from the employer giving the reasons, payments due, etc.

You are eligible to switch from T2G to T1 (Entrepreneur), read the policy guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... dance1.pdf

When your employer informs UKBA of the termination, which they are obliged to do within 10 days, UKBA will curtail your leave to 60 days from the time they make their decision to curtail (Note: not from the date of termination).

Your current leave and multiple entry clearance have been based on your specific employment as a T2G migrant for which you had a CoS. Since you are no longer employed you should not travel and seek re-entry to the UK using your present BRP.

dk1806
Newly Registered
Posts: 2
Joined: Wed Nov 21, 2012 11:05 pm

Post by dk1806 » Sun Nov 25, 2012 12:54 pm

Hi Manci,
Thank you for your reply,
does that mean the home office will send me a letter to state that your 60 day period will start from a specific day?
or is it the day when the employer notifies the home office?
Thanks Again
D

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

Post by manci » Sun Nov 25, 2012 1:55 pm

The sequence is that the employer informs UKBA of the termination following which UKBA curtails your visa. To determine whether UKBA will write to you read p.28 in the curtailment rules and decide what applies to your situation:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The start of the 60 day period is the date UKBA makes its decision to curtail (not the date of termination or the date when the employer reports the termination to UKBA).

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