Gap between expiry of old Tier 2 visa and start of new job

[jameswhl]

Hi all, I'd appreciate very much some help on this:

My current tier 2 visa expires in mid August. I am finishing my current sponsored job at the end of July, and I presume that my employer will at that point notify the UKBA that my employment is at an end.

I have a new job lined up with an employer who can sponsor me. I'd like to have a break in August/September, though, and only start work in October. Can I / my new employer apply for a new Tier 2 visa for me now (i.e. before my current one expires), but make it "start" at the beginning of October, without risking my legal residence in August and September? I am mostly worried that this August/September period will appear as a gap in my "continuous legal residence" for the purposes of an ILR application in a few years time.

Thanks very much in advance!

James

[manci]

Hi all, I'd appreciate very much some help on this:

My current tier 2 visa expires in mid August. I am finishing my current sponsored job at the end of July, and I presume that my employer will at that point notify the UKBA that my employment is at an end.

I have a new job lined up with an employer who can sponsor me. I'd like to have a break in August/September, though, and only start work in October. Can I / my new employer apply for a new Tier 2 visa for me now (i.e. before my current one expires), but make it "start" at the beginning of October, without risking my legal residence in August and September? I am mostly worried that this August/September period will appear as a gap in my "continuous legal residence" for the purposes of an ILR application in a few years time.

Thanks very much in advance!

James

when your current job finishes your T2G sponsor will inform UKVI and they will curtail your leave to 60 days from the date of the curtailment decision (not from your termination date). If you have a CoS you can apply for a new T2G leave any time before the end of the curtailed leave but within 3 months of the assignment date of the new CoS. If the new job start date is, say, 1 October the new sponsor shouldn't therefore assign the CoS before sometime in July.

Note that you shouldn't travel abroad once your present job finished

[cset134]

Hi manci,

A similar question - I have already received the visa for the new job but the start date on the CoS is in August. I am currently serving my notice period with the current employer until the start date. Can I travel abroad right now given I already have a valid visa (albeit with my future employer)?

Can this have any implications at the border on my return or on the ILR in future?

[manci]

Hi manci,

A similar question - I have already received the visa for the new job but the start date on the CoS is in August. I am currently serving my notice period with the current employer until the start date. Can I travel abroad right now given I already have a valid visa (albeit with my future employer)?

yes, you can travel - only a curtailed leave lapses on departure from the UK

Can this have any implications at the border on my return or on the ILR in future?
no, as long as you comply with the rules on absences for ILR

[cset134]

Thanks manci.

Will I need to explain this to the officer when asked who my employer is? I will still be working for the current employer when I return as the notice period won't have elapsed.

[manci]

Thanks manci.

Will I need to explain this to the officer when asked who my employer is? I will still be working for the current employer when I return as the notice period won't have elapsed.

I doubt if they''ll ask but if they do you must give truthful answers. In any case, they have access to your details on their system. You are allowed to work for your current employer until the work start date given in the new CoS.

[cset134]

thank you so much for clarifying.