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Tier 2 general - employment terminated - what options

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

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Lyaex
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Tier 2 general - employment terminated - what options

Post by Lyaex » Thu Jun 08, 2017 10:00 pm

Hie everyone. Please help a friend. She came on Tier 2 visa as a nurse, unfortunately she failed the exam for her to be able to get a pin and the employer terminated contract immediately. So some people have been telling her that she needs to go back. She is all in tears daily. Please help are there any other ways she can stay legally in the country? Her BRP is written that it expires in 2020. She is afraid of going back to her country since things are not well there. Please help

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CR001
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Re: Tier 2 general - employment terminated - what options

Post by CR001 » Fri Jun 09, 2017 7:15 am

She will need to find another tier 2 sponsor and apply for a new visa. She is NOT allowed to work now if she is not working for her sponsor.

Her current visa will be cancelled or curtailed and she will get a letter at some point telling her about it and when she must leave the UK.
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Re: Tier 2 general - employment terminated - what options

Post by Lyaex » Fri Jun 09, 2017 12:01 pm

CR001 wrote:She will need to find another tier 2 sponsor and apply for a new visa. She is NOT allowed to work now if she is not working for her sponsor.

Her current visa will be cancelled or curtailed and she will get a letter at some point telling her about it and when she must leave the UK.
Thank you so much. So after getting a new employer she doesn't need to go back to her country?

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Re: Tier 2 general - employment terminated - what options

Post by CR001 » Fri Jun 09, 2017 12:21 pm

If she gets a new employer to sponsor her, she must apply for a new Tier 2 General visa. She can apply within the UK.

If her goal is to apply for ILR at some point, she cannot have a gap of more than 60 days from date she left her last employer to the date she submits the new application.
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Re: Tier 2 general - employment terminated - what options

Post by Lyaex » Sun Jun 11, 2017 2:25 pm

Thank you so much for answering this. So there's nothing to really worry about. Hope she will get some job soo so as to be sponsored. But am just wondering what if he's visa is curtailed before finding a sponsor. Again thank you

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Re: Tier 2 general - employment terminated - what options

Post by CR001 » Sun Jun 11, 2017 7:00 pm

If visa is curtailed, HO will give her 60 days to find a new sponsor and make a new applicant or leave the UK, and state the last date that she must leave by. After that, she becomes an overstayer and will have no legal status.
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Re: Tier 2 general - employment terminated - what options

Post by Wanderer » Sun Jun 11, 2017 7:19 pm

Lyaex wrote:Thank you so much for answering this. So there's nothing to really worry about. Hope she will get some job soo so as to be sponsored. But am just wondering what if he's visa is curtailed before finding a sponsor. Again thank you
I'd say there's a lot to worry about, finding a job in 60 days is not easy and with having to be sponsored, go though RMLT possibly there's not a lot of time. Also if she failed her exams what does she have to offer a prospective employer?
An chéad stad eile Stáisiún Uí Chonghaile....

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Re: Tier 2 general - employment terminated - what options

Post by Lyaex » Sun Jun 11, 2017 10:55 pm

CR001 wrote:If visa is curtailed, HO will give her 60 days to find a new sponsor and make a new applicant or leave the UK, and state the last date that she must leave by. After that, she becomes an overstayer and will have no legal status.
Thank you CR001 for your response. She hasn't received the letter yet so does that mean the 60 days will start only if she had received the curtailment letter?

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Re: Tier 2 general - employment terminated - what options

Post by Lyaex » Sun Jun 11, 2017 10:57 pm

I'd say there's a lot to worry about, finding a job in 60 days is not easy and with having to be sponsored, go though RMLT possibly there's not a lot of time. Also if she failed her exams what does she have to offer a prospective employer?[/quote]

Thank you wanderer for your answer. It's really difficult then. Hope the curtailment letter doesn't come anytime soon then

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Re: Tier 2 general - employment terminated - what options

Post by CR001 » Mon Jun 12, 2017 6:29 am

The 60 days employment gap (for ILR) starts from the date she left her employment and ends on the date she submits a new application. This is separate and different to the 60 curtailment letter.
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Re: Tier 2 general - employment terminated - what options

Post by Lyaex » Sun Jul 02, 2017 11:12 pm

Hallo everybody. Does the HO email the curtailment letter or it's only send via post to the person? Worried someone because of change of address.
Thank you.

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Re: Tier 2 general - employment terminated - what options

Post by Djsuccess » Mon Jul 03, 2017 3:28 am

Lyaex wrote:Hallo everybody. Does the HO email the curtailment letter or it's only send via post to the person? Worried someone because of change of address.
Thank you.
I believe it is sent to your last known address. If you have changed address , you need to inform UKVI.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

Lyaex
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Re: Tier 2 general - employment terminated - what options

Post by Lyaex » Mon Jul 03, 2017 9:54 am

Thank you djsuccess. How is HO informed about change of address? Is there some online way of doing that?

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