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Thanks iworkeriworker wrote:he doesnt have to leave uk.. the company is not the one to tell who should leave or not. His visa will be curtailed to a certain date.. normally 60 days after his employment ends, and that is when he has to leave.
However, u need to check if he can switch to tier 2 or not.. that might be critical.
last couple of points, dont worry, the current employer can not do anything about him
Thanks a lot manci for providing this valuable information.manci wrote:He shouldn't have resigned before having a CoS from the new sponsor.
Did he not have to complete a notice period in his present job? Was he perhaps summarily dismissed? If so, why?
All his present sponsor can do is to inform the HO that his employment ended, they have no other powers as far as his immigration status is concerned. Once the HO receive the notification a curtailment process will start (there is usually some delay) and his visa will be curtailed to 60 days during which period he can apply for a new leave provided he has a CoS from another sponsor. The 60 days count from the date the curtailment decision is made, not from date his present employment ended.
Ok Good. His main concern was staying in UK till he gets his Tier2 General visa issued. Anyway as per the curtailment rules, he already told his present employer that he is not leaving UK for at least 2 months after his resignation, which will ensure he get new CoS and BRP within this period.manci wrote:As his initial visa was as T2 ICT Established Staff he is eligible to switch to T2G in the UK. Unless he is a high earner if he leaves the UK he can only apply for entry clearance after a one year cooling-off period.
Depending on when the new sponsor wants to employ him from it would be best to negotiate with his current sponsor a reduction in the 3 month notice period but this of course will be subject to what is in his employment contract.
He should also make sure that his prospective new sponsor knows the rules about RLMT, min salary, etc.so that there is a realistic prospect of them being able to assign the CoS.
Hi Manci, One more doubt.manci wrote:As his initial visa was as T2 ICT Established Staff he is eligible to switch to T2G in the UK. Unless he is a high earner if he leaves the UK he can only apply for entry clearance after a one year cooling-off period.
Depending on when the new sponsor wants to employ him from it would be best to negotiate with his current sponsor a reduction in the 3 month notice period but this of course will be subject to what is in his employment contract.
He should also make sure that his prospective new sponsor knows the rules about RLMT, min salary, etc.so that there is a realistic prospect of them being able to assign the CoS.
Yes.lotus1234 wrote:can he stay in UK for the entire curtailment period and re-apply for visa after correcting any errors in the application?