Paid garden leave post-expiry of UK Tier 2 visa

[hc235711]

Hello,

I am looking to resign from my job imminently and have a question about drawing salary during garden leave.

I am currently on a UK Tier 2 (General) visa which is expiring in 6 months' time (March 2020). I will also reach 6 years of stay in the UK on a Tier 2 visa at that time, and I do not intend to apply for an ILR as I plan to leave the UK for good.

Post-serving notice, I am contractually obliged to go on a 9 month period of paid garden leave, where I am paid a full salary but asked to not work - this is my firm's practice for senior staff in order to protect the competitive interests of the firm. I wish to make the most of this, i.e. draw the full 9 months salary but not work, as I have not had a proper break for years.

My timeline looks like this:

Sep 2019 - Serve notice i.e. resign from my job
Sep 2019 - Begin 9 months paid garden leave (I am not required or allowed to work from here on)
Sep 2019 - Leave the UK for good but continue drawing salary for the next 9 months (this is the aim)

Mar 2020 - My Tier 2 (General) visa expires (6 months after I serve notice)
Mar 2020 - I reach 6 years of stay on my Tier 2 visa and I am not applying for an ILR

Jun 2020 - My 9 month period of paid garden leave concludes


My question is:

Can I continue drawing salary in the period of April 2020 to June 2020, if my Tier 2 visa expires in March 2020? Note that I will not be physically present in the UK at this time.

If not, then how can my firm stand up to / make good on its contractual agreement of paying me my full monthly salary over the full 9 months of garden leave?

Would appreciate any help - anecdotal or professional - you might be able to render. Thank you.

[Zerubbabel]

Hello

Jun 2020 - My 9 month period of paid garden leave concludes

This means that you are employed until June 2020. The employer pays you do to nothing, that his right. But from the employment perspective, you are an employee of this company until June 2020. The details / arrangements of you leaving are internal business things.

Your visa will expire on March 2020. So technically, your employer is not able to keep you after that date.

The easiest option is to give you a lump sum on March to cover his contractual obligations towards you as he is preventing you from seeking another job. Then you will cease to be an employee but you will be still bound by the non-competition close until June 2020.

If I can recommend something: apply for the ILR then leave if you want to. Even if you don't have any plans now to come back to the UK, get that ILR because it's your right. Then, you will get 2 years where that ILR is valid as a plan B. In case your other plans don't work, you will be happy to have that ILR rather than back to square 1.