Quit My Job

archiedog · Post by **archiedog** » Thu Jul 26, 2012 6:12 pm

Im currently on a teir 2 general visa which has just been renew until 31-05-14
I would off completed 5 years with the same employer in june 2013 and I have had to quit my job due to differences with a new manager. Im a water-sports coach and coach many of the british team, I have been in contact with my sponsor and he is aware he needs to contact the ukba within 10 working days of my resiging. I have been offered another job within the same industry but they have no sponsor licence yet what is my best move?

Post by **Lucapooka** » Fri Jul 27, 2012 8:38 am

Any potential employer will need to sponsor you under the T2 system. I think you already know this so what exactly are you asking? Is there something specific?

archiedog · Post by **archiedog** » Fri Jul 27, 2012 10:14 am

Will I still be able to apply for some sort of visa after the phone call from my boss to the home office is made. Also is there a compassionate grounds visa that may be worth looking at?

Post by **Lucapooka** » Fri Jul 27, 2012 10:21 am

Yes, you can apply but there will likely be a break in residence period that leads to ILR if you are not working for a sponsor for more than one month. You (not your sponsor) have to make an application within 60 days and if your sponsor does not yet have licence it's unlikely he will get one within that time. There is also the RLMT to consider.

Please refer to paras 220 onwards in the policy guidance.

Has there been a devastating earthquake or civil war in your country that prevents you returning? I ask this because voluntarily quitting your job is not something that would normally be considered as a compassionate circumstance.

archiedog · Post by **archiedog** » Fri Jul 27, 2012 11:35 am

is there any other way I could look at makingi it the next 10 months to be able to apply for ilr

Post by **Lucapooka** » Fri Jul 27, 2012 12:05 pm

People can't guess for you, you need to look at the UKBA site and see if there are any other immigration categories that suit you particular circumstances. However, not all of those will permit the aggregation of your previous leave to qualify for ILR after five years.

archiedog · Post by **archiedog** » Fri Jul 27, 2012 12:11 pm

Thank you for your help sorry for my naivety I a little worried and stressed
thanks again

zhiyiwen1982 · Post by **zhiyiwen1982** » Fri Jul 27, 2012 2:36 pm

Has there been a devastating earthquake or civil war in your country that prevents you returning?

archiedog · Post by **archiedog** » Fri Jul 27, 2012 2:58 pm

no im from austarlia

archiedog · Post by **archiedog** » Fri Jul 27, 2012 2:59 pm

It looks to me like the easiest way is for me and my partner to get married which sucks cause even though we do want to be togerher for ever its not the fairy tale wedding i would of like to give her

broccoli · Post by **broccoli** » Fri Jul 27, 2012 4:19 pm

Are you sure about your comment on the break? People are always advised on this forum that there is a 60 days period from the moment UKBA curtails the visa. And that this period can be used to find a new sponsor.
With RLMT required in most cases, this means that the 1 month period you noted below is not enough. If it works at all, it'll be close to the end of the 60 days.
So are you sure that this would break the residency count? this indirectly means that almost anyone losing a job is going to break his continuous leave even if he ends up finding a sponsor, since 30 days are not enough to find one, have RLMT done, get sponsored and submit the application.

Lucapooka wrote:Yes, you can apply but there will likely be a break in residence period that leads to ILR if you are not working for a sponsor for more than one month. You (not your sponsor) have to make an application within 60 days and if your sponsor does not yet have licence it's unlikely he will get one within that time. There is also the RLMT to consider.

Please refer to paras 220 onwards in the policy guidance.

Has there been a devastating earthquake or civil war in your country that prevents you returning? I ask this because voluntarily quitting your job is not something that would normally be considered as a compassionate circumstance.

Post by **Lucapooka** » Fri Jul 27, 2012 4:31 pm

broccoli wrote:Are you sure about your comment on the break? People are always advised on this forum that there is a 60 days period from the moment UKBA curtails the visa. And that this period can be used to find a new sponsor.

Yes, which is true but that does not mean your residence period for ILR necessarily continues if you are not employed with a sponsor during that period. You have understand that, for most people, ILR may not be the purpose.

broccoli · Post by **broccoli** » Fri Jul 27, 2012 11:41 pm

The curtailment period is a valid leave no? having no job for 30 days is not equivalent to being without a leave for 30 days.
Can you back up your claim with an online documentation please?
I'd appreciate a second input (whether pro or con this reasoning) from other senior members as well. manci? sushdmehta?

Lucapooka wrote: Yes, which is true but that does not mean your residence period for ILR necessarily continues if you are not employed with a sponsor during that period. You have understand that, for most people, ILR may not be the purpose.

Post by **manci** » Sat Jul 28, 2012 2:38 pm

broccoli wrote:The curtailment period is a valid leave no? having no job for 30 days is not equivalent to being without a leave for 30 days.]

What you said is correct, your previous employer would have had to inform UKBA that you left their employment within 10 days of the termination.

It is also correct that your visa will be curtailed to 60 days from the time UKBA imakes their decision to curtail. However, what is not known is how long UKBA will take making the decision to curtail from the time you previous employer informs them. This is anybody's guess but you will definitely have more (may be considerably more) than 60 days from the time you resigned before you have to leave the UK provided you don't find another sponsor in the meantime.

If your prospective employer applies for a T2G sponsor licence now, and provided their application is in order, they can expect the licence in 2-3 months time - this seems to be the current timescale. The RLMT only takes 28 days, so it is not on the critical path.

If and when your leave is curtailed it still remains a T2G leave and will count for ILR if you manage to get a further T2G leave before it expires.

broccoli · Post by **broccoli** » Sun Jul 29, 2012 3:31 pm

Thank you manci.
So you're saying that as long as an application is submitted before the curtailment period ends, then this has no effect on ILR, even if that period was spent without a job. Am I correct?
But this is contradicts what Lucapooka said.

PS: I'm not the starter of this thread, but Lucapooka's statement intrigued me and got me thinking.

manci wrote:If and when your leave is curtailed it still remains a T2G leave and will count for ILR if you manage to get a further T2G leave before it expires.

Post by **manci** » Sun Jul 29, 2012 7:35 pm

broccoli wrote:So you're saying that as long as an application is submitted before the curtailment period ends, then this has no effect on ILR, even if that period was spent without a job. Am I correct?

Provided you currently have Tier 2 General leave that is my opinion. It is based on immigration rule 245HF and the guidance document http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

archiedog · Post by **archiedog** » Mon Jul 30, 2012 5:37 pm

I think I may need to talk to a lawyer im in surrey england can anyone recommend one?

Immigrationboards.com: Immigration, work visa and work permit discussion board

Quit My Job

Quit My Job