Tier 2 General Redundancy, Switching and ILR

[scholar7980]

I have been on a Tier 2 general visa in the UK since Oct 2014 with leave to remain till Oct 12, 2019. My last date of employment in the company due to redundancy is expected to be Feb 13th 2017 ("employment termination date"). The company will take the maximum period of 10 working days to notify the HO (i.e. Feb 27th -"cancellation date"). Lets assume the UKVI letter curtails my new leave to April 28th ("curtailment date"). As far as I understand this situation,

1. I need to find a new sponsor and complete RMLT, CoS, Biometrics ,visa application and join the company on or before April 28th for my stay to be legal moving forward.

2. As long as I start with my new sponsor by April 28th, my ILR will be processed successfully in Oct 2019 , when I plan to apply after completing five years of continuous employment. As the rule states, with regards to an ILR application, permission to remain/ work in the UK will be continuous, providing that you are able to file a new application before your previous visa is curtailed. So its legal as long as new employment commences before HO letter notified "curtailment date" and curtailment date is NOT calculated 60 days after "employment termination date".

3. What happens if I start a few days (say 10 days) after April 28th? How does this affect my ILR application in Oct 2019?

4. Assuming the new visa will be applied in March next year, does the sponsor apply for a 3 year Tier 2 General visa for me to successfully apply for ILR in Oct 2019? How is the visa time period length calculated? I don't have any dependents.

5. Assuming the new sponsor has a sponsorship license, is it safe to assume 8 weeks to complete RMLT, CoS, Biometrics and Visa processing (premium processing) with employment start date before end of the curtailment date? What is the quickest way to complete this process?

6. If the sponsor doesn't have a sponsor license, how long does it take to apply for a license these days? Are there any published processing times?

Thanks for your patience reading through this and for your responses!

[CR001]

1. Curtailment letters can take a while to get sent to you. It does not happen immediately once your ex employer notifies HO.

2. Should be fine.

3. It ALL depends on when you get the curtailment letter.

4. It depends on the length of CoS the new sponsor issues.

5. RLMT has to be advertised for 28 days, then whatever or how ever long sponsor takes with interviews etc. If you are selected, CoS is issued and you can apply for your visa. If applying in person, biometrics are done on the day of your appointment. There is no shortcut/quick process. Your sponsor has to follow the process 100%.

6. It can take 8 weeks or more for a sponsor to be approved and get a licence. Sometimes longer.

[raynory]

Thanks for asking this question and the answer from CR001. I got into similar redundant situation.

One question on #2, I read the following on https://www.gov.uk/guidance/immigration ... indefinite, and it worries me:

"(b) ...the applicant must have been employed in the UK continuously throughout the five years, under the terms of their Certificate of Sponsorship, work permit or in the employment for which they were given leave to enter or remain, except that any breaks in employment in which they applied for leave as a Tier 2 Migrant, ..., to work for a new employer shall be disregarded, provided this is within 60 days of the end of their employment with their previous employer or Sponsor."

Similar description is on page 27 of the PDF here: https://www.gov.uk/government/uploads/s ... ds-v13.pdf

Does the the "end of employment" here mean the curtailment date stated on the letter? If it literally means the 60 days from the day I finished my employment, I think I'm in trouble...I just want to check if this is any clarification written on the government website.

Thanks a lot.

[scholar7980]

Hi raynory,

Do you have a response on your question since your last posting? I suggest you take this up with a qualified immigration lawyer. I still haven't received my curtailment letter and my position was terminated due to redundancy end of Feb 2017. I will be starting my sponsorship with a new Tier 2 General sponsor soon.

[CR001]

Hi raynory,

Do you have a response on your question since your last posting? I suggest you take this up with a qualified immigration lawyer. I still haven't received my curtailment letter and my position was terminated due to redundancy end of Feb 2017. I will be starting my sponsorship with a new Tier 2 General sponsor soon.

The 60 days employment gap is calculated from the last date of your last employment (13th Feb in your case) to the date of a new application submitted.

If you have already applied and got a new tier 2 general with a new sponsor, it is the date you applied for this visa that matters. It has nothing to do with the curtailment letter and the 60 days in the curtailment, which is a separate issue.

If you have already got a new sponsor and visa, unlikely that you will receive a curtailment letter.

[scholar7980]

Thanks for the response CR001, appreciate it!

[CR001]

Thanks for the response CR001, appreciate it!

I have responded in your other post with an alternative address (I did a simple Google search and got the information )