Curtailment letter not yet issued, I'm out of the UK, can I re-enter the UK to apply for a new Tier 2 visa?

[Libravn]

Hi all,

I'm new to the forum, but indeed followed the forum for a while! I have a burning question and hope the members could help.

My Tier 2 general leave to remain will expire on 15 February 2018. I ended my employment with my sponsor on 5th May 2017.

I haven't received the curtailment letter.

I fly back to my home country on 15 July 2017.

I'm having a job offer now and they said they're willing to sponsor. I had video interview in my home country and am currently out of the UK. Because the procedure hasn't gone that far to the CoS stage, I haven't been able to consult with the new sponsor's legal team on my situation.

I have few questions:
1- am I still be able to apply for a new Tier 2 using CoS provided by the new sponsor? Or my leaving the UK in July already triggered my cooling off period though I haven't got the curtailment letter?
2 - if I still can, will I apply for it inside or outside of the UK? If it's inside, how should I deal with the immigration officer in the border when I enter the UK?

I'm looking forward to any help please.

Thanks

[gratefulhart]

I think since your employment ended in May (3 months ago), your employer would have notified UKVI. Therefore it is likely your leaving the country would have triggered your cooling off period.

Let's even say you are able to come in to UK and reapply, you will not be able to apply for ILR after 5 years due to the break in employment for more than 60 days. This will not be an issue if you can get ILR through other means, say 10 years LR.

[Libravn]

I think since your employment ended in May (3 months ago), your employer would have notified UKVI. Therefore it is likely your leaving the country would have triggered your cooling off period.

Let's even say you are able to come in to UK and reapply, you will not be able to apply for ILR after 5 years due to the break in employment for more than 60 days. This will not be an issue if you can get ILR through other means, say 10 years LR.

Hey thanks for joining the discussion!

It's fine if I broke the continuity, I can reset the time from the new visa valid date, it's not a big deal to me. The thing I am wondering the most is if my cooling off period started. The curtailment letter hasn't been issued. If the letter is issued inbetween now and when I fly back to the UK, will it surely trigger cooling off period? I've read somewhere in this forum that if we leave the UK after the curtailment letter we won't be able to enter again, but I can't find this in any guidance/ rules.

I read Part IV of the Order 2000, section (2) & (3), in the link below and it does seem like I still can enter the UK as my leave is still in force and I haven't got any variation which is the curtailment letter.

http://www.legislation.gov.uk/uksi/2000 ... tents/made

But I guess when I enter the border, I should have CoS, job offer, medical check, or even proof of an appointment with Home Office to prove that I'm coming back to reapply.

[CR001]

It's fine if I broke the continuity, I can reset the time from the new visa valid date, it's not a big deal to me

You still won't be able to apply for ILR based on Tier 2 as you cannot hold a Tier 2 for more than 6 years continuously regardless of how many employer/sponsors you have.

[Libravn]

It's fine if I broke the continuity, I can reset the time from the new visa valid date, it's not a big deal to me

You still won't be able to apply for ILR based on Tier 2 as you cannot hold a Tier 2 for more than 6 years continuously regardless of how many employer/sponsors you have.

Then I'll have to re-consider the strategy then. Probably wait for 12 months and come back under a fresh new Tier 2 and try not to break it?

I came to the UK in October 2013 under Tier 4, then switch from Tier 4 to Tier 2 General in February 2015. So if I apply for a new Tier 2, it can be granted till Feb 2021 as you said? By then I'll stay in the UK for 7 years 4 months. I need another 2 years 8 months to qualify for the 10 year route ILR and should always keep in mind that I shouldn't be out of the country too much. So the next step would be either Tier 1, another Tier 4, or Spouse visa ... My life will totally change now oh dear.

[CR001]

Be aware that any single absence of 180 days or more breaks the continuity of residence for Long Residence ILR.

[Libravn]

Be aware that any single absence of 180 days or more breaks the continuity of residence for Long Residence ILR.

Yes I'll bear this in mind! Thank you.

But do they have restriction on the total absence during the 10 years and on the year that I apply for ILR? Like the 450 days and 90 days threshold, respectively, of the 5 year route.

[CR001]

Like the 450 days and 90 days

This exact number you stated is for citizenship not ILR 5 year route, which is 180 days per 12 month cycle.

ILR Long Residence is no single absence of 180 days or more and no total absence of 540 days in the whole 10 years.

[Libravn]

Like the 450 days and 90 days

This exact number you stated is for citizenship not ILR 5 year route, which is 180 days per 12 month cycle.

ILR Long Residence is no single absence of 180 days or more and no total absence of 540 days in the whole 10 years.

Thank you!!!

[Libravn]

I'm trying to figure out what are the options that I have after I utilize the whole 6 years under a Tuer 2.

For example if my Tier 2 expires in 2021:

1. Can I switch to a Tier 4 in 1 year then come back to work under a fresh Tier 2? Or 6 years under my first Tier 2 is all that I can be granted?

2. Or can I leave the UK for 1 year (for example taking a secondment to another country), then come back to the UK under a fresh Tier 2 and will have the clock set all over again?

Appreciate any help!
Thanks

[CR001]

A new Tier 2 General visa after a 12 month cooling off period is a new 6 year route on Tier 2. This applies whether you are on a student visa for 12 months or outside the UK for 12 months.

[Libravn]

A new Tier 2 General visa after a 12 month cooling off period is a new 6 year route on Tier 2. This applies whether you are on a student visa for 12 months or outside the UK for 12 months.

Oh that's great! It opens up a few more options to my career indeed. Thank you so much CR001!