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resigned from current job teir 2 change of employer refused

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

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ifekoyi1516
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resigned from current job teir 2 change of employer refused

Post by ifekoyi1516 » Sun Apr 02, 2017 6:53 pm

I made the mistake of resigning from my current teir 2 post before my visa decision for my new job because i was told it is illigal to continue to work with my previous employer after i get the new job so the only way i could give my notice period was to resign about 6 weeks to the start of my new job. so my last date at my previous place was 31/03/2017. I got my refusal letter on the same date from the home office, the refusal was because my employer didnt do a RLMT please how lond do i have to make another application? 14 days or 60 days? what are my options pls help

poper
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Re: resigned from current job teir 2 change of employer refu

Post by poper » Sun Apr 02, 2017 7:32 pm

ifekoyi1516 wrote:I made the mistake of resigning from my current teir 2 post before my visa decision for my new job because i was told it is illigal to continue to work with my previous employer after i get the new job Thats totally incorrect. You should've validated this before resigning so the only way i could give my notice period was to resign about 6 weeks to the start of my new job. so my last date at my previous place was 31/03/2017. I got my refusal letter on the same date from the home office, the refusal was because my employer didnt do a RLMT please how lond do i have to make another application? 14 days or 60 days? what are my options pls help
How long is your Tier 2 visa valid? You could receive a curtailment letter in a few weeks allowing you 60 days to either make a new application or leave the country
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

ifekoyi1516
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Re: resigned from current job teir 2 change of employer refu

Post by ifekoyi1516 » Sun Apr 02, 2017 10:42 pm

my teir 2 was valid till 2019 but i was changing employer.

rubyracer2
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Re: resigned from current job teir 2 change of employer refu

Post by rubyracer2 » Mon Apr 03, 2017 1:58 am

ifekoyi1516 wrote:my teir 2 was valid till 2019 but i was changing employer.
You will get a curtailment letter and your leave is curtailed to 60 days from issue of that letter. In my experience people can go months without receiving this letter.

However , please note that you have to make a fresh leave application within 60 days of leaving the last job in order to maintain continous residence. This only matters if you plan on applying ILR down the line using the 5 year route.

ifekoyi1516
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Re: resigned from current job teir 2 change of employer refu

Post by ifekoyi1516 » Mon Apr 03, 2017 4:24 pm

My new employer has promised to do a RLMT which they say will be concluded by monday next week 10/04/2017 and they can issue me a new cos to make a fresh application, they have also promised to pay for a premium service for me. Should i have to worry about any thing?

AdriS
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Re: resigned from current job teir 2 change of employer refu

Post by AdriS » Tue Apr 04, 2017 6:18 pm

Hi - regarding "However , please note that you have to make a fresh leave application within 60 days of leaving the last job in order to maintain continous residence. This only matters if you plan on applying ILR down the line using the 5 year route."

Can you please explain this? If I have not received a curtailment letter do I need to contact the HO or apply for anything myself?

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CR001
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Re: resigned from current job teir 2 change of employer refu

Post by CR001 » Tue Apr 04, 2017 6:23 pm

AdriS wrote:Hi - regarding "However , please note that you have to make a fresh leave application within 60 days of leaving the last job in order to maintain continous residence. This only matters if you plan on applying ILR down the line using the 5 year route."

Can you please explain this? If I have not received a curtailment letter do I need to contact the HO or apply for anything myself?
It has nothing to do with the curtailment letter. A gap of more than 60 days between employment is a break in continuity of residence on Tier 2 General.

Please also continue in your own topic to avoid confusion in this topic.
Char (CR001 not Casa)
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poper
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Re: resigned from current job teir 2 change of employer refu

Post by poper » Tue Apr 04, 2017 8:02 pm

Hi CR001

On the 60 day gap rule for Tier 2 General towards ILR: Was this a recent amendment as i've been hearing this quite recently? Is there a link you can provide which mentions a break in continuity if a candidate is jobless for more than 60 days

I did a quick skim on the below but couldn't find any

https://www.gov.uk/guidance/immigration ... sed-system
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

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CR001
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Re: resigned from current job teir 2 change of employer refu

Post by CR001 » Tue Apr 04, 2017 8:14 pm

poper wrote:Hi CR001

On the 60 day gap rule for Tier 2 General towards ILR: Was this a recent amendment as i've been hearing this quite recently? Is there a link you can provide which mentions a break in continuity if a candidate is jobless for more than 60 days

I did a quick skim on the below but couldn't find any

https://www.gov.uk/guidance/immigration ... sed-system
See page 22 and 27 in the Caseworker instructions below.
https://www.gov.uk/government/uploads/s ... ds-v13.pdf
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

rubyracer2
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Re: resigned from current job teir 2 change of employer refu

Post by rubyracer2 » Tue Apr 04, 2017 8:15 pm

poper wrote:Hi CR001

On the 60 day gap rule for Tier 2 General towards ILR: Was this a recent amendment as i've been hearing this quite recently? Is there a link you can provide which mentions a break in continuity if a candidate is jobless for more than 60 days

I did a quick skim on the below but couldn't find any

https://www.gov.uk/guidance/immigration ... sed-system
This rule is mentioned in Paragraph 245AAA Section b

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