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thanks mate!arsenal49 wrote:true. it wont be curtailedif I lose my current job after 11 November 2011, then essentially as I would have less than 6 months leave to remain on my work permit, I have up to 10 May 2012 to look for another sponsor/apply for leave to remain under another valid category?
smoothraj wrote:Many thanks!
I have two quick follow up questions ..
a) assuming my last working day with the current sponsor is in last week of November, can I travel out of country in December and re-enter UK in Jan and then continue to live in UK up to May?
im pretty sure there is a clause which can allow immig. officer to refuse entry unless you convince him otherwise. strictly speaking... you should not travel outside uk unless you got a job or interviews etc. lined up january onwards
b) And would this gap (without sponsor) of say Dec-May without a sponsor, still be counted towards the ILR requirement of 5 years?
you still have VALID leave which means it will count towards ilr
You can't get ILR unless you make five unbroken years in qualifying work-related categories. Currently, with only 2 years of residence under your belt, you will need to switch into another category if you hope to eligible for ILR later. Note that not all work categories can be aggregated with previous leave under T2 ICT. So to answer your question, yes, you can remain in the UK for up to six months if you lose your job in November but any period of more than three months without a work sponsor will break your leave. Similarly if you apply for entry clearance with another sponsor you will break your leave.smoothraj wrote:b) And would this gap (without sponsor) of say Dec-May without a sponsor, still be counted towards the ILR requirement of 5 years?
Thanks!arsenal49 wrote:smoothraj wrote:Many thanks!
I have two quick follow up questions ..
a) assuming my last working day with the current sponsor is in last week of November, can I travel out of country in December and re-enter UK in Jan and then continue to live in UK up to May?
im pretty sure there is a clause which can allow immig. officer to refuse entry unless you convince him otherwise. strictly speaking... you should not travel outside uk unless you got a job or interviews etc. lined up january onwards
Thanks aresenal49! Unfortunately the travel in December is unavoidable
This would mean that immigration officer can refuse entry even when I have a Valid leave to remain!? Are you able to perhaps point me to some guidance document which may have this clause?
Do you not feel that the mere fact that I have all my worldly belongings in UK since I have lived here for 3 years - and more importantly have a valid leave to remain until May 2012 not suffice? Could I not point out to the UKBA 2011 guidelines regarding curtailment of leave?
b) And would this gap (without sponsor) of say Dec-May without a sponsor, still be counted towards the ILR requirement of 5 years?
you still have VALID leave which means it will count towards ilr
Lucapooka wrote:You can't get ILR unless you make five unbroken years in qualifying work-related categories. Currently, with only 2 years of residence under your belt, you will need to switch into another category if you hope to eligible for ILR later. Note that not all work categories can be aggregated with previous leave under T2 ICT. So to answer your question, yes, you can remain in the UK for up to six months if you lose your job in November but any period of more than three months without a work sponsor will break your leave. Similarly if you apply for entry clearance with another sponsor you will break your leave.smoothraj wrote:b) And would this gap (without sponsor) of say Dec-May without a sponsor, still be counted towards the ILR requirement of 5 years?
im pretty sure there is a clause which can allow immig. officer to refuse entry unless you convince him otherwise. strictly speaking... you should not travel outside uk unless you got a job or interviews etc. lined up january onwards
oooh i read the exact para in one of the posts a while ago. it was mentioned by one of the seniors on this forum. sorry i cant be of much help thereThanks aresenal49! Unfortunately the travel in December is unavoidable
This would mean that immigration officer can refuse entry even when I have a Valid leave to remain!? Are you able to perhaps point me to some guidance document which may have this clause?
Do you not feel that the mere fact that I have all my worldly belongings in UK since I have lived here for 3 years - and more importantly have a valid leave to remain until May 2012 not suffice? Could I not point out to the UKBA 2011 guidelines regarding curtailment of leave?
arsenal49 wrote:im pretty sure there is a clause which can allow immig. officer to refuse entry unless you convince him otherwise. strictly speaking... you should not travel outside uk unless you got a job or interviews etc. lined up january onwardsoooh i read the exact para in one of the posts a while ago. it was mentioned by one of the seniors on this forum. sorry i cant be of much help thereThanks aresenal49! Unfortunately the travel in December is unavoidable
This would mean that immigration officer can refuse entry even when I have a Valid leave to remain!? Are you able to perhaps point me to some guidance document which may have this clause?
If its not too much trouble can you please point me to that post - i could perhaps ask that senior forum member... cheers.
Do you not feel that the mere fact that I have all my worldly belongings in UK since I have lived here for 3 years - and more importantly have a valid leave to remain until May 2012 not suffice? Could I not point out to the UKBA 2011 guidelines regarding curtailment of leave?
What immigration officer will be thinking is...
this person (i.e. you!) wants to enter uk on TIER 2 visa but this guy doesn't have any employer. i.e. (s)he is unemployed. So do i have enough reason to believe that this guy is gonna abuse the system i.e. use public funds, go underground, work illegally etc. etc.
The only way you can convince the officer otherwise is by showing him your spotless past immig. history and the fact you are actively looking for jobs etc. so a list of companies where you applied, including rejections , interviews etc etc. all will come handy at this stage.
By the way, thats just my common sense speaking. If i were in your situation, thats what i would be preparing myself for.
Gotcha - most helpful man- thanks!!
sushdmehta wrote:321A(1).
Thanks - so essentially in my case if I am unemployed in December, I will have valid 'leave to remain' up to May but not valid 'leave to re-enter'. Unless of course I have another offer letter /job lined up.The Station Agent wrote:For what it's worth I agree that, if an IO asked you on re-entry after your trip in December, and if you had lost the job your current stay depends on, and you told him you no longer had a job, he would be reluctant or unwilling to admit you even though you have what looks like valid status. This is because the basis of the status no longer exists.
It seems to be mentioned in paragraph 321 (ii) - change of circumstances since your stay was granted.