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Can I submit my resignation when myTier 2 ICT extension still waiting for decision

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

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Sam227
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Posts: 3
Joined: Sat Sep 23, 2017 11:58 pm
India

Can I submit my resignation when myTier 2 ICT extension still waiting for decision

Post by Sam227 » Sun Sep 24, 2017 12:40 am

Hi,

I have a situation here.

I am working in UK Tier 2 ICT long term visa validity from Sep 2014 to 10 sep 2017. Recently submitted Tier 2 ICT extension visa(standard online application) within UK on 23rd aug and received biometric letter(along with passports) on 6th September.i have given biometric on same day and waiting for original documents and BRP cards from home office(As of today online application status showing as “Awaiting decision”).
Recently I got a job in EU and they sponsored visa as well need to report there by early dec 2017.
I want to submit my resignation ASAP but I have few questions.
1. Once I submit my resignation in Uk my current employer immediately notify HO to withdraw my application Or cancel Cos?
2. As my current ICT VISA end in 10 sep 2017 I need to to go home country immediately after my resignation submitted?
3.i have 2 months notice period so I will get only 2 months extension visa?

I am really confused and wants to know wheather I need to wait until HO office take a decision on the current application before submitting my resignation?

Please share your suggestions.

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Djsuccess
Diamond Member
Posts: 1160
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: Can I submit my resignation when myTier 2 ICT extension still waiting for decision

Post by Djsuccess » Sun Sep 24, 2017 1:09 am

It is totally up to you, but the advice usually is to wait until you have the visa from the nee company before resigning. So I will advise you wait for your extension visa to be ready, then apply for a new visa with the new employer. Once you have the visa fom the new sponsor, then you can resign from yiur current job.
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.

Sam227
Newly Registered
Posts: 3
Joined: Sat Sep 23, 2017 11:58 pm
India

Re: Can I submit my resignation when myTier 2 ICT extension still waiting for decision

Post by Sam227 » Sun Sep 24, 2017 9:10 am

Thanks for your quick response.
I have got my visa for new employment and they’ve asked me join by 1st week I December.
But UKIV standard process time is 8 weeks to take decision so I will get my extension visa by mid of October. I may Miss the joining date.

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Djsuccess
Diamond Member
Posts: 1160
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: Can I submit my resignation when myTier 2 ICT extension still waiting for decision

Post by Djsuccess » Sun Sep 24, 2017 2:08 pm

Sam227 wrote:
Sun Sep 24, 2017 9:10 am
Thanks for your quick response.
I have got my visa for new employment and they’ve asked me join by 1st week I December.
But UKIV standard process time is 8 weeks to take decision so I will get my extension visa by mid of October. I may Miss the joining date.

That means you don't need the extension anymore, because you'll now be working for a European company and no longer be living in the UK. If that's the case, you can resign and start working your notice period. Your current employer will only notify UKVI after your last day. And if your extension is still not ready when your notice period ends, you can ask UKVI to send back your documents and your current sponsor will cancel the cos.
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.

Sam227
Newly Registered
Posts: 3
Joined: Sat Sep 23, 2017 11:58 pm
India

Re: Can I submit my resignation when myTier 2 ICT extension still waiting for decision

Post by Sam227 » Sun Sep 24, 2017 8:32 pm

Thank you. :)

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