Tier2 - 2018 changes regarding time in between employers

[glasgowedinburgh2000]

Hello,

I am in Tier2 (General) 5-year visa since August 2016 and valid until October 2021, and now my employer is terminating my employment with immediate effect. I was earlier aware that there is a 60 day time period in between employers i.e. the time i can take to find a new job. Now in 2018 it seems that this has been removed. What does it imply? I am confused and want to be certain. Also could not find any policy guidance that clarifies this. I am in desperate need for urgent advice and this forum has always been useful. Would be grateful if someone advises or points me to the right direction or policy guidance. Many thanks!

Akshay

[CR001]

The 60 day employment gap restriction for ILR applications has been removed and is no longer relevant.

Note that the old 60 days employment gap is a completely separate to the 60 days curtailment of visa issue.

[glasgowedinburgh2000]

Dear CR001 - Many thanks for the quick response. Apologies but I am unfamiliar with this so it would be kind if you can please explain the difference between the two. Second, will this imply that even if I apply for Tier2 change of employer after 5 months of finishing job with previous employer this will not impact my ILR nor violate any immigration rule in any way? Any UKVI policy link will also be helpful please if there is one. Many many thanks again

[CR001]

The 60 days employment gap, now removed from the immigration rules, meant that if you left your sponsored employment and only applied for and started a new visa/job after more than 60 days, you would no be eligible for ILR due to the gap (there have in the past been refusals for this reason). So if you are unemployed now for say 5 months, it will have no impact on your ILR application. However, bear in mind that once you leave your sponsor, you are not permitted to work at all in any capacity until you have a new tier 2 visa. You also cannot claim benefits.

The 60 days curtailment of your visa happens after your last day at your current sponsor. They must inform HO within 10 days of your last day that you have ceased being employed and that they are no longer your sponsor. This triggers the 60 day visa curtailment letter which means your visa validity will be reduced to 60 days from the date of the letter you will get and this is the limited time you will have to find a new sponsor and apply for a new tier 2 general visa. If you do not find a job and sponsor and apply for a new visa, you must leave the UK by the new expiry date your visa has been curtailed to.

You can read Immigration Rules Part 6a (Google it) under Tier 2 General to find the rules.

[glasgowedinburgh2000]

Dear CR001 - That's very clear now and thanks for the details I am feeling much much better and clearer now. Apologies but couple of points:

1. As the rule came into effect on 11th Jan 2018, Will Tier2 issued before this date fall under old rules? I believe it is any ILR applications after 11th Jan 2018 which is under new rules so my case is under the new (current rule) of no 60-day gap? I hope my understanding is correct.

2. I also read in Tier2 General guidance #247 - If there is a dependent child under 18, HO may not curtail the leave. I have a 3 yr old child so I hope I can ask the employers lawyer to specify this?

Huge thanks again for pointing the clear and perfect advice

[CR001]

1. The rule applies to all Tier 2 General to ILR applications.

2. If your leave is curtailed, your dependents leave will likely also be curtailed.

[silverocks]

Cr001 is absolutely correct.

I have seen the curtailment letter, main applicant got curtailed and they send the dependent curtailment letter along with his one although he had child who born in the UK.