UK Tier 2 (General) Leave to enter - Restricted work. Change of employment.

[goodm]

I’ve been doing some reading across most posts here but it seems my situation may be a little unique but please jump onto this thread if anyone can help.

I was sponsored by my employer for upto 3 years, 30/03/2017 - 30/04/2020.
My contract was for 12 months and they couldn’t reallocate me to another department so my contract was terminated 6 months early on 25/10/2017, which means I believe my visa is still valid but need to find a new employer and apply for a new RCOS within 60 days. Is this correct?

I do have a flight out of the UK within the 60 days so not to risk overstaying but as we are at the tail end of the working year for most industries, has anyone had their 60 day grace period extended to a valid time of year to be employed?
I’ve had several interviews and am meeting more potential employers but they have flagged in advance that they aren’t looking to employ until the new year, i.e. Jan/Feb?

Any assistance here would be greatly appreciated.

[CR001]

I was sponsored by my employer for upto 3 years, 30/03/2017 - 30/04/2020.
My contract was for 12 months and they couldn’t reallocate me to another department so my contract was terminated 6 months early on 25/10/2017, which means I believe my visa is still valid but need to find a new employer and apply for a new RCOS within 60 days. Is this correct?

There are 2 different and separate 60 days issues. Not sure which one you are referring to though.

The two separate 60 days processes are :

1. 60 days employment gap, which is written in the immigration rules. This is calculated from the date of your last employment to the date of a new application submission.

2. 60 days curtailment letter takes a couple/few of months to be sent out (across all visa categories and is not specific to Tier 2) and this letter basically reduces the validity of your visa (if it is valid for more than 60 days) and you must either make an application within this time or leave at the end of the 60 days. It effectively tells you that after 60 days from date of the letter, your visa will be cancelled and you will be an overstayer.

I do have a flight out of the UK within the 60 days so not to risk overstaying but as we are at the tail end of the working year for most industries, has anyone had their 60 day grace period extended to a valid time of year to be employed?

Again, which 60 days are you referring to? There is not 'extension of a grace period' if it is the second one above you are referring to.

[goodm]

Thank you for responding

I was only aware of the first 60 day employment gap and from what I understand from what you’ve written that’s the one that applies to me for the moment as I am still looking to be employed.

I have not yet received a letter of curtailment. In effect, does this mean that I can make a new Tier 2 in country application with a new employer within the 60 day curtailment period if it is longer than the 60 day employment gap?

My previous employer has notified the HO that my COS will be terminated as of 27/10/2017 (3 weeks ago) and I assume that the first 60 days to find a new employer and sponsor is within this. Is it best that I call the HO to confirm when my 60 day curtailment letter date is up?

[CR001]

I have not yet received a letter of curtailment. In effect, does this mean that I can make a new Tier 2 in country application with a new employer within the 60 day curtailment period if it is longer than the 60 day employment gap?

Yes it does, but if you apply more with more than 60 days employment gap, you will likely be ineligible for ILR.

My previous employer has notified the HO that my COS will be terminated as of 27/10/2017 (3 weeks ago) and I assume that the first 60 days to find a new employer and sponsor is within this. Is it best that I call the HO to confirm when my 60 day curtailment letter date is up?

The 60 days curtailment starts from the date of the curtailment letter and NOT from the date your employer notifies HO. Curtailment letters can take a few months to get sent out.

Very risky if you leave the UK as you could be refused entry if you try to return.

[goodm]

Hi again,

Hoping I can jump back onto this thread. Thank you for your responses.

I do have a query, am I able to make an out of country application from Sydney, Australia with a new licensed sponsor employer if it's within the 60 day employment gap?

For example. If I leave the UK on day 56 and arrive on day 58, can I apply from Sydney?
Is there still take an 8 week waiting period?
Does this change my ability to re enter the UK?

It would be great to know if this is possible.

Many thanks!

[CR001]

i do have a query, am I able to make an out of country application from Sydney, Australia with a new licensed sponsor employer if it's within the 60 day employment gap?

For example. If I leave the UK on day 56 and arrive on day 58, can I apply from Sydney?
Is there still take an 8 week waiting period?
Does this change my ability to re enter the UK?

It would be great to know if this is possible.

Many thanks!

No you cannot apply from outside the UK. The minute you leave the UK to make an application, you will be subject to the 12 month cooling off period before you can apply for Tier 2 again.