Tier 2 (General) Employment Termination

[CMedynski]

Hello,
I would extremely appreciate any information regarding the following:

I recently accepted a settlement agreement with my current employer who has been sponsoring me on a Tier 2 General Visa since June 2012. I have been employed by the same employer since Aug 2010, but was initially on a Tier 5 Visa that I had from May 2010.

The situation came as a massive shock to myself and I felt I was left with no other option but to agree to settle. My employment ceases on Sept 14, 2016. I have been searching for new sponsored employment, but have not yet been successful. I do have a potential offer with a company who is willing to apply to be able to sponsor me, but this will obviously take a bit of time.

Can someone please advise me of my options in this case. Will I have to leave the UK and apply for a new Tier 2 General Visa once this company is set up and provides a CoS? Will this cause any issues with not being able to return for 12 months etc. or can I remain in the UK until the date the curtailment ends and apply from within?

[CR001]

The curtailment period starts from the date of the letter you will get which take a while to be sent.

If you leave the UK, you cannot apply again and return until you have served the 12 month cooling off period.

Your best option is to stay in the UK and apply within the UK. Has your new sponsor completeD the full and proper RLMT process?

[CMedynski]

Hello, Thank-you for the reply. No my current employer has not completed anything yet as I will continue to be employed for another 2 weeks, after which they have stated they will start the process.

I have plans to visit Canada for 3 weeks at the beginning of October. Will I have issues returning as I believe it will be during my curtailed period?

[CMedynski]

Apologies, I misread your message. No my NEW employer has not started their application nor the RLMT process yet. I believe they are looking to do so within the next week or two.

I really appreciate any further information you can provide that may help me.

[Wanderer]

Apologies, I misread your message. No my NEW employer has not started their application nor the RLMT process yet. I believe they are looking to do so within the next week or two.

I really appreciate any further information you can provide that may help me.

Seems to me you've been pre-selected then which will set the alarms bells ringing at UKVI..

[CMedynski]

Apologies again for the confusion, that is definitely not the case. I stated 'NEW employer' only for distinction in the post. I have not actually completed the interview process and other candidates are still being considered. I am inquiring on the possibility of an offer as I'm afraid if I am successful, the timeframe could be longer than my curtailment. I am trying to understand all my options.

I am also hoping to secure new employment prior to Oct but if I cannot and I leave the UK then return prior to my curtailment ceasing will I still be allowed back into the UK?

[physicskate]

Apologies again for the confusion, that is definitely not the case. I stated 'NEW employer' only for distinction in the post. I have not actually completed the interview process and other candidates are still being considered. I am inquiring on the possibility of an offer as I'm afraid if I am successful, the timeframe could be longer than my curtailment. I am trying to understand all my options.

I am also hoping to secure new employment prior to Oct but if I cannot and I leave the UK then return prior to my curtailment ceasing will I still be allowed back into the UK?

I would not leave the UK and attempt to re-enter if your employment has ceased. Even if your visa has not yet been curtailed, what do you say to the ECO when they ask about your (current) employment??? They could cancel your visa/ refuse entry if the terms of your visa are no longer applicable...

[stcmz]

Hi, I am having the same problem at the moment. Here's my investigation:

Change of employment applications
214. Your sponsor may be required to carry out a new resident labour market test. A resident labour market test will not be required if you are applying as an Intra Company Transfer (continuing to work for the same company), a job which is a shortage occupation or job where your salary is £155,300 (or £153,500, if the recruitment took place before 6 April 2015) or above.

Absences from the UK
233. If you have been granted entry clearance, or leave to remain for more than 6 months, your leave will not lapse when you leave the common travel area if you continue to be employed by, and have not ceased working for, your sponsor for a period of one calendar month or more (see paragraph 243 below), unless your leave passes its expiry date or you stay outside the UK for more than 2 years.

Source: https://www.gov.uk/government/uploads/s ... 4_2016.pdf

In my case my potential new employer will have to carry out RLMT. I would expect 60 days are not enough to complete the application. So I will have to leave by the 60 days deadline (no extension option available in this case). As long as I leave, I may no longer be able to enter as a Tier 2 migrant because of the 12 months cooling down period. However I find nowhere in the Tier 2 Policy Guidance in case a new application has been submitted does the cooling down period applies?

[stcmz]

I learnt from a friend that as long as the new application has been submitted you will be legal to stay in the UK and wait for the approval.