Transfer from Tier 2 to Tier 2 taking longer than expected

[ACoolman]

Hi all

I gave my notice a few weeks ago and have some holidays/notice period. By my guestimation HMRC will give me ~60-90 days to stay in the UK. While this happens I'm waiting for my new employer to organise the job suitability test and get the certificate of sponsorship.

Unfortunately, my new company is in the middle of an acquisition, causing general delays

I'm wondering what the smart play is here.

A few questions:

1. I'm a mere 7.5 months away from being apply to indefinite leave to remain - will any scenario serious endanger this?
2. If my legal time in UK expires, can I simply wait in any country, or will I need to go back to Australia for some paperwork (or biometrics)

Any general advice would be lovely as well.

Thanks in advance

Other info:
- Software engineer
- Australian

[CR001]

Why on earth did you resign before you were granted a new visa with a new sponsor?

A gap of 60 days or more between the last date of your employment and the date of new visa application will prevent you from applying for ILR.

You must leave the UK before your visa expires or by the date that the 60 days curtailment letter states. Once you leave the UK, you will be subject to a 12 month cooling off period before you can apply for another Tier 2 General visa.

[ACoolman]

Oh dear.

[ACoolman]

Follow up question: If I am able to get a job, is this the basic procedure:

1. Get employer to pass job suitability test (~4 weeks)
2. Employer gets CoS (? weeks)
3. Go to the Immigration office and get visa application looked at and signed off (~1 week with priority)

At what point do I have the right to stay? Step 2 or step 3?

[CR001]

1. Get employer to pass job suitability test (~4 weeks)

It is called RLMT and you can only be offered the job once this is complete.

2. Employer gets CoS (? weeks)

It can take a couple of weeks.

3. Go to the Immigration office and get visa application looked at and signed off (~1 week with priority)

You apply online. As part of the process you select standard, priority or in person and pay the fee as required PLUS the visa fee PLUS the immigration health surcharge.

If the date of your new visa APPLICATION is within 60 days of when you left your last job, you are ok.

Once your new visa is granted, you other tier 2 general is automatically cancelled.

You only have the right to work once your visa is granted. You must apply for the visa BEFORE your current visa expires.

[Djsuccess]

If you can retrieve your resignation letter, I'd suggest you do so. An important lesson. Never resign until your your new visa from the new employer.
Since your potential employer are in the middle of merger or acquisition, they are unlikely to get sponsorship licence and if they do, the licence will. Be reviewed or canceled after the acquisition. I guess, by the time they are ready to sponsor you, you will be almost ready for ILR with your current employer.

Approach your HR for possibilities of retrieving your resignation letter but you would have raised a red flag knowing you will need them for your ILR in 7months. Now they know you want to leave them.

Start looking for another job Asap.
All the best.