Leaving UK and reapply Tier 2 from outside the UK

[sm_5387]

Hi all,

I am currently on Tier 2 visa and it is going to end soon. My sponsor is not willing to sponsor me for another 3 years. I have found another job but it will take few months to apply tier 2 license for my new employer. I am thinking about leaving the UK and reapply from my home country. My questions are:

1. I guess if I leave the UK and reapply withing 28 days (after my current leave expire) it won't break my continuous stay for ILR. Is it correct?

2. If I apply for new visa after 28 days (after my current leave expire) will I get only another 3 years left on my Tier 2 or treated as a fresh tier 2 migrant and get another 5 years?

[vinny]

A Tier 2 entry clearance may be subject to a cooling off period.

[poper]

In addition to what Vinny said, this will require a Restricted COS and your ILR clock will be reset

[iworker]

short answer is, whatever u do, u must apply for change of employment within uk.
even if that means applying within 28 days AFTER the expiry of your current visa. Although best to apply before your leave expires.

[CR001]

short answer is, whatever u do, u must apply for change of employment within uk.
even if that means applying within 28 days AFTER the expiry of your current visa. Although best to apply before your leave expires.

Note that the 28 days has been reduced to 14 days now I believe.

[gmng]

short answer is, whatever u do, u must apply for change of employment within uk.
even if that means applying within 28 days AFTER the expiry of your current visa. Although best to apply before your leave expires.

Note that the 28 days has been reduced to 14 days now I believe.

What is this 14 days thing if you are changing the employer?
I am in a situation where my leave is expiring in end of Feb and my new employer has applied for a new ucos but still no result. If my leave expires does this 14 day rule gives me further 14 days to stay in the UK? Please can someone help me with this query? Thanks.

[iworker]

sort of yes. U can apply within 14 days of expiry of your visa and u wont be classed as overstayer.

[vinny]

That's a misconception. Although they may disregard the period of overstay for the purpose of a leave to remain application, applying after expiry of leave does nevertheless make the applicant an overstayer.