Tier 2 visa and redundancy

[mhib]

Hi All,

I am on tier 2 visa General and my wife is on a partner visa. My company just informed me that I will be placed at a risk of redundancy. My work will possibly finish towards the middle to the end of February.

Fortunately, I have already foreseen the situation and have conducted interview with a company. This company expressed and interest in having me onboard, and will start the RLMT early next week. This means that they will finish the RLMT and hopefully be able to assign a COS by the end the middle to end of feb. My questions are below:

1) If I was made redundant by mid feb and by that time the RLMT was still ongoing/finishing. How much time will I have to get all the paperwork done, before I am required to leave the UK?

2) If the company assigned me a COS and I signed a contract will that be sufficient to allow me to stay in the UK while my application is being processed? Also can that happen within few days AFTER i leave my current employer?

3) Once the paperwork is done will I be able to put my start date later than 3 months after my finish date with my current employer? I would love a chance for a break between jobs if possible (Especially after my years at this job).

4) If I was made redundant will my wife be able to continue her work on a partner visa while my new visa is being processed?

Thanks alot

[CR001]

1. It depends how lo g your current emoyer takes to inform HO after your last day of work and how long HO takes to send the 60 days visa curtailment letter.

2. Your existing visa Co ditikns conto ur while an application being processed if you apply while you have valid leave to remain.

3. Unlikely you can start 3 months later.

4. Yes.

How long have you been on tier 2??

[mhib]

Hi,

Thank you very much for the quick reply. I have been on teir 2 visa for 4 years 8 months. I am eligible to apply for ILR in December this year, not too far away.

Re the replies:

1) I think they will be quite rapid so I would say HO will be informed by end of feb the latest
2) Will my current visa not be curtailed when my employer cancel it? So for example if the curtailment letter came in say 1/March and my new visa application was in the HO by then. Will I still be allowed in country by 1/may if the visa was not signed off yet?
3)Thanks
4) Great news. last thing I wanted to tell her is ah btw you need to quit too

[CR001]

1. That will trigger curtailment yes but it is not instant.

2. If you have received the 60 days curtailment letter and have submitted an application, you can still stay in the UK as your tier 2 status will continue.

[mhib]

Thanks alot... so I will need to push them, but not time to panic yet which is great...

[mhib]

Hi CR001

I have now been officially been informed of redundancy and the finish day is mid March. I have also some potential leads for a new job, however, they will still need to go through the RLMT process and the issuing of contract etc etc.

My questions are below:

1) I understand that HO will issue the curtailment office within some time (seen 1-4 months) from receiving termination letter. and then we will have 60 days from that date. Can you confirm if that is generally correct?
2) If the other companies carried out a new RLMT i suspect i will be above the old 60 days gap in employment time. Can you please confirm if that is no longer applicable as i read it has been removed (ie. i can still apply for ILR at the end of my 5 years regardless of how long it takes)
3) during that time after employment and while paperwork is processed, will I be able to legally leave the country and come back for a break (ie. if my curtailment letter did get issued in that time? it will be about 4 weeks).
4) my partner is going overseas mid march, will she still be able to enter the country with no issue say at the start of april?
5) will my partner be able to change jobs during the time? As my new position might not be in the same location as my current residence

thanks alot

[CR001]

1. Correct.

2. There is no longer a 60 day employment gap rule. It was removed well over a year ago.

3. Risky as you could be denied entry as the purpose of your visa has changed. If you are denied entry and returned to home country, you will then be subject to the 12 months cooling off period before you can get another tier 2 general visa and your clock resets to zero for ILR. If you need a 'break', suggest holiday in the UK.

4. Should be fine, provided her dependent visa is not also curtailed when yours is, but this is usually unlikely.

5. Yes.

[mhib]

Hi,

Thanks alot for your help. I have a couple of questions and I am not sure whether its better to keep them here on a different subject.

A different company has now expressed interest in my service. They have conducted an RLMT in location A. However while they were processing things they had a change of work distribution and now have extra workload in Location B and they said they would rather have me there. Are they able to do that without a new RLMT? Can they otherwise issue it in Location A and then second me to Location B if that is needed?

Also in my research for an answer for this i stumbled on the fact that my previous employer used the head office address in their RLMT and COS. But I was later hired to a different location (my contract said a different location). I was told at the time that its just a simple change in the COS. I was then seconded to a client office. Can you please confirm that this will not be an issue in my ILR application?

Thanks for you patience