Please Help: Tier 2 Change of Employment and Curtailment

[bext]

Dear Board Members,

I am currently working for a company which sponsored my Tier 2 General visa and it has been 1 year. Not long ago, I managed to receive an offer from a new employer which issued me a new CoS letter and I obtained my new BRP (tier2 general) from them yesterday. However, my start date with the new employer is 2nd November so do the validity of new BRP. I gave notice to my current employer, which is 2 weeks. So my notice period will end on 20th September.

The question is, assuming that my current employer informs the UKVI that I have left the company on 20th September, in between 20th September and 2nd November, can I travel outside the UK and come back or I must remain the UK as there will be curtailment of my current visa and will be cooling off period of 12 month. If I can travel, can I come back anytime or do I have to wait until 14days before my new employment start date?

Please guide me.

Thanks

[iworker]

now that u have received the visa, u can travel and come back.

[bext]

Hi iworker,

Thanks for your reply. But I still need a little bit of clarification, since I could not find any policy saying that I can leave and come back anytime. All I can make sure now is, my Visa will lapse once I leave the UK and 12 months cooling off period will start. Assume that border officer can see my new visa was issued before my previous visa lapsed, they may tell me that I cannot enter the UK 14 days before my employment start date, which is 2nd November and reject my entry. Do you think this is possible?

Thanks

[CR001]

If you have a new tier 2 general with your new sponsor, you previous tier 2 visa is cancelled.

[bext]

Hi CR001,

Thanks for your reply.

Does this mean that, during the employment gap that stated in the post, I can travel outside the UK anytime and come back, even if I am not working for any employer?

Thanks

[CR001]

Your new visa is valid, is it not??

[bext]

Yes, it is valid. My concern at the moment is, I initially planned a trip from 25th September to 10 the October. So I will leave the UK. However, when i return, the border officer may ask "for which company I am working" and by that time I will be unemployed. So border officer may not allow me to enter the UK, as someone only can enter the UK within 14 days of their new employment start date. I am confused about this.

Thanks

[Djsuccess]

Yes, it is valid. My concern at the moment is, I initially planned a trip from 25th September to 10 the October. So I will leave the UK. However, when i return, the border officer may ask "for which company I am working" and by that time I will be unemployed. So border officer may not allow me to enter the UK, as someone only can enter the UK within 14 days of their new employment start date. I am confused about this.

Thanks

At this point, I believe you don't have your old BRP anymore and your new one starts 2nd November. It will appear that if you travel in September, you might not be able to enter the UK back until 14days before your start date. You might want to adjust your travel dates.
And by the way, did you know that start date on CoS is oftentimes not the same as visa validity. In most cases your visa validity (issue date) will be the date the visa was granted.

As long as your visa is valid, you can travel and enter the UK back.

[bext]

Thanks for your reply. Yes, my old BRP was not returned to me from UKVI and I can see that my new BRP is valid from 4th September. So in this case, I can travel and come back anytime, even if I am not in an employment, without any problem right?

[Djsuccess]

Yes, that's correct. Technically you're employed because you have a new valid visa from another sponsor.
Another thing to think about is to ensure that the gap between the two jobs is not more than 60days.

[bext]

Now It is clear. Thank you all for your reply. Much appreciated.

[Akorotaeva]

Carry your confirmation letter and copy of COS (if you have one) with you if just in case. If asked, explain you changed employers and are about to start with the new one. Hope all goes well!