Changed Employment (Tier 2 - General) from outside UK

[kuma1978]

Dear Friends,

Hope you all are doing well.

For last 2 months I have been running from pillar to post via several Solicitors, being charged with pre-assessment fees but not getting clear suggestions.

I need your expert advice in this desperate time.

I have changed my employment from outside UK while my curtailed Leave to remain (from previous employer) was still valid. Do you think that it has broken my eligibility in anyway to apply for ILR?

Details of my UK immigration history:
-------------------------------------------------
First entered UK: Sep 2008 under Work Permit.
Got an extension Tier 2 - ICT in 2010 till valid sep 2012.

My Project got over and my company ended my employment in UK and sent me back in Jan 2012 to work for its Indian branch.

I left UK and applied for change of sponsership with 60 days from outside UK.

I was back in UK in April 2013 with Tier-2 General VISA working for new employer.

I got the letter from UKBA on 27th June, stating that my Leave to remain has been curtailed till Aug 2012. (I wish I had got this letter earlier............)

------------------------------------------------------------------------

Please advice / direct me to the threads with similar cases.

Regards.
Kuma1978

[lawabidingimmigrant]

Hi,

My situation was I had got better offer, So resigned (had 45 days notice to serve). My new employer (an umbrella company) wasnt ready to assign me a CoS until I had served notice period and had relieving letter from ex-employer due to stringent pre-employment checks. As my new job was going to start after couple of months, I thought of taking holiday (one of my family member was critically ill) and applying outside UK as there was no cooling off period applicable that time. But even I am not sure if I broke continuity of my previous UK residence although my restricted CoS was assigned, visa done and work started before my curtailed leave expired. Neither me or my new employer had a slightest thought that changing employment from outside UK may impact continuity of residence and reset the clock. I too am confused when I will be eligible for ILR.

Your situation is not very clear to me.

Please provide accurate dates

First date of entry, extension done, last day of employment, when you traveled back, last day of curtailed leave, when was new CoS assigned, when were you back to UK, new employment start date?

[kuma1978]

Hi,

Many thanks for this quick response.

Below are the details:
____________________________________________________________

First date of entry - 3rd Sep 2008 (Work Permit)
Extension done - Aug 2010 Valid till Sep 2012 (Tier 2 - ICT)
Last day of employment - 30th Jan 2012
when you traveled back - 30th Jan 2012
Last day of curtailed leave - 25th Aug 2012

when was new CoS assigned - 20th Apr 2012
(Application was made on 29th Mar 2012 within 60 days of the end of an employment from outside UK)

when were you back to UK - 27th Apr 2012
New employment start date - 8th May 2012
____________________________________________________________

You situation and mine is the same in one way. We both changed our Employment and got VISA stamping outside UK and this is the bit that I want to clarify.

Does changing of an employment outside the UK affect the eligibility for ILR in any way?

Regards.

[lawabidingimmigrant]

Lucky you - You got 7 months on curtailed leave. I just got 3 months. In your case there are 3 different types of visa - Work Permit, T2 ICT and T2 G. So will wait for experts to comment.

In my case, I've been on T2G throughout my stay.

Below is my situation:

=======================
First Entry in UK: March 2010 (Tier 2 General valid for 1 year till April 2011)
2 years extension done: Tier 2 Leave to Remain valid till April 2013)
Resigned from job in September 2011
Last day with previous employer: 21st Oct 2011
Visa cancellation requested to UKBA on: 1st Nov 2011
Travelled outside UK on 1st Nov 2011 for holidays and to change employment.
New Restricted CoS assigned: 15th Dec 2011 (monthly quota system but no cooling off period rule applicable at that time)
New Employment started on: 13th Feb 2012 (joining got delayed, was supposed to join in first week of Jan 2012)
Previous Leave to Remain (Curtailed) Expiry Date: 18th Feb 2012
New Tier 2 General Visa valid till: Feb 2015
==========================

My new employer was ready to do change of employment from in country but because I had to go on holiday, I asked them to assign restricted CoS.

I am not 100% sure if previous stay in UK on Tier 2 General can be counted towards ILR if change of employment was done from outside UK.

As of now I'm planning to apply for another extension in Dec 2014 (hopefully if I have my job till then) and then think about ILR later. Logically I should be eligible for ILR in Mar 2015 but as of now I am not 100% sure.

If you are able to find some useful pointers, do update the thread.

Will also wait if gurus, moderators can share any valuable info related to our situation.

[rahuls]

I am on a similar boat as I had to go back to India (with restricted COS) to switch to Tier 2 General from Tier 2 ICT due to some confusion in the rules at that time. I had Tier 2 ICT applied before 6th Apr 2010 and I was eligible to apply from here but at time the UKBA Immigration Rules had missed it which was later corrected. Anyway I came back in 3 weeks time with the new visa while my Tier 2 Visa was still valid.

I checked the following link and now it includes the following, which was not there earlier, which kind of assures that all of us should be fine

As per http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary Page 26

The continuous period is maintained if the:
 applicant leaves the UK without valid leave, but re-enters with new entry clearance within 28 days of their leave expiry date, or
 applicant leaves the UK with valid leave and re-enters the UK whilst that leave remains valid, provided the absence(s) do not exceed 180 days in a relevant 12 month period.

By the way lawabidingimmigrant, do you have to request for Visa cancellation to UKBA in case you are changing job. I didn't do it. I would think that it should be your employer responsibility to inform UKBA that the employee in no longer working for them.

[kuma1978]

Hi Rahuls,

Many thanks for your reply.

Yes. It is the responsibility of the employer to inform UKBA once the employee resigns or the employer ends the employment / terminates / transfers back to base location, etc.

Then it is upon UKBA's discretion to curtail the remaining leave.

My analysis on below UKBA's outlines are:
(but I can be completely WRONG)
-----------------------------------------------------------------------------
The continuous period is maintained if the:
 applicant leaves the UK without valid leave, but re-enters with new entry clearance within 28 days of their leave expiry date, or

This explains that you can get your VISA stamping / change of employment / etc. outside UK.

 applicant leaves the UK with valid leave and re-enters the UK whilst that leave remains valid, provided the absence(s) do not exceed 180 days in a relevant 12 month period.

We partially fit in the 2nd option with a clause that we changed our employment from outside UK.
-------------------------------------------------------------------------------

We all have got below querries to be clarified:
1) Does change of employment outside UK breaks continuity in residency while their previous VISA / curtailed leave to remain is valid?

2) What does this "generic 180 days allowed absence" constitute of?
Does it include any unpaid leave of absence due to personal reasons or unemployment? Will that not break continuity due to economic absence?

For point 2, UKBA has advised my mates like us that any unpaid leave will break continuity. Then I wonder how ppl with 4-7 months of absence from UK qualified for ILR? Did their company paid them in £ while they were working aborad outside UK? I don't think so....

I will request the Gurus / Pandits of this forum to please enlighten us with their advice.

Regards.

[mulderpf]

You are looking for this I think:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Where an applicant’s continuous residence period includes time spent as a Tier 2 migrant or a work permit holder, annual leave includes a short holiday taken on conclusion of employment, where the applicant applied to work for a new employer within 60 days of the conclusion of the previous employment.

[kuma1978]

Dear Mulderpf,

Thanks for this.
Yes, I have seen that already and holding all my hopes in between these 2 lines on pg 22.

I could only decipher these 2 lines to my contentment: (Human nature )
1) Your continuity in residence is not broken as far as your change of employment is done within 60 days of the end of previous employment. (It really doesn't matter if the stamping was done in UK or outside) and you are not outside UK for more than 180 days in that respective year.

2) Your continuity to economic activity is also not broken during your unemployed period of those 60 days as you had already applied for change of employment and got the VISA.

Am I right in thinking so?
Please advice.

Regards.

[kuma1978]

Dear Gurus,

Please advice on my situation.
There are 3 ppl with almost the same issue looking for suggestion.

Any guidance will be much appreciated.

Regards.

[lawabidingimmigrant]

hi,

Not sure if below 2 clauses apply to my scenario. I resigned from my job as I got better offer. But my new employer wanted me to resign first, serve 45 days notice period, get relieving letter, only then they would assign me a CoS.

Two reasons I chose to process my change of employment outside UK:

1) I had to go on holidays as one of my family member was ill and my new job was not going to start immediately.

2) My new employer was not able to get any immediate premium appointment slot. HR team of my new employer informed me that it will take at least couple of months for them to get premium appointment slot. I did not want to risk sending postal application as it may have taken ages and my passport would have got stuck thereby impacting my holiday plans.
My last working day with ex-employer was 21st Oct 2011, and new restricted CoS was assigned to me on 15th Dec 2011. I traveled outside UK on 1st Nov 2011 and November monthly quota for T2G visa was over while my employer tried to get one. So got a CoS assigned in Dec 2011. I joined new employer on 13th Feb 2012. (Joining date revised by new employer due to internal project alignments)My curtailed leave expired on 18th Feb 2012.


I am hoping that the 60-day clause applies in our scenario. Anyone knows what period is covered in this 60-day window? Is it from end of previous employment to start of new employment OR end of previous employment and assignment of new CoS? Pls confirm.

Also it is employers responsibility to inform UKBA when an employee ceases to work for the company for whatsoever reason to enable UKBA to curtail leave if required.

I checked the following link and now it includes the following, which was not there earlier, which kind of assures that all of us should be fine

As per http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary Page 26

The continuous period is maintained if the:
 applicant leaves the UK without valid leave, but re-enters with new entry clearance within 28 days of their leave expiry date, or
 applicant leaves the UK with valid leave and re-enters the UK whilst that leave remains valid, provided the absence(s) do not exceed 180 days in a relevant 12 month period.

By the way lawabidingimmigrant, do you have to request for Visa cancellation to UKBA in case you are changing job. I didn't do it. I would think that it should be your employer responsibility to inform UKBA that the employee in no longer working for them.

[kuma1978]

Hi Rahul,

60 days period applies when the company makes you redundant / terminates or company's license is cancelled.In such scenarios, the employee gets 60 days to look for new employeer and change employment.

60 days covers from the end of the previous employment till the new employer's VISA is granted. (Not joining the company - as far as I know)

Also, if the new employer's VISA is granted then the 60 days period covers from the end of the previous employment till the new employer's VISA Application date. (Which is good!!)
**If CoS assignment date is used then it will be wonderful as it will lessen the 60 days gap but we will wait for Gurus to confirm this.**

When an employee resigns, he has got 28 days to file a new application (as per the new rule but I am not sure).

So, you are still safe I understand as as you changed your employment early 2012.

When did you receive your Curtailment of Leave letter? (Date)
Have you approached any solicitor for pre-assessment?

Regards

[lawabidingimmigrant]

Hi,

In my case,

Last date of employment: 21st Oct 2011
Restricted CoS assigned: 15 Dec 2011 (Nov quota had got over as per HR team)
Application lodged outside UK: 21st Dec 2011
Visa granted: 3 yr T2G on 17th Jan 2012.
New employment started on: 13th Feb 2012.
Work start date on CoS: 03rd Jan 2012.

Do you think below applies in my situation?

if the new employer's VISA is granted then the 60 days period covers from the end of the previous employment till the new employer's VISA Application date.

60 days period applies when the company makes you redundant / terminates or company's license is cancelled.In such scenarios, the employee gets 60 days to look for new employeer and change employment.

60 days covers from the end of the previous employment till the new employer's VISA is granted. (Not joining the company - as far as I know)

Also, if the new employer's VISA is granted then the 60 days period covers from the end of the previous employment till the new employer's VISA Application date. (Which is good!!)
**If CoS assignment date is used then it will be wonderful as it will lessen the 60 days gap but we will wait for Gurus to confirm this.**

When an employee resigns, he has got 28 days to file a new application (as per the new rule but I am not sure).

So, you are still safe I understand as as you changed your employment early 2012.

[kuma1978]

Hi lawabidingimmigrant,

I have gone through your thread and I could see that you have been asking your concerns for almost 6-7 month but it looks like you are not getting the satisfying advice.

Have you consulted anyone else?

Regards.

[lawabidingimmigrant]

Hi,

Not consulted anyone else as of now.

I think I may have to go for another extension, not 100% sure if I need an extension or I can apply for ILR directly.

My current visa expires 52 days before I complete 5 years since the first entry in UK. Only significant gap is 110 days gap when I was out of country on holidays & change of employment.

Probably I'll go for extension in Dec 2014 & then may be think about checking with some immigration advisors on my case for ILR.

Hi lawabidingimmigrant,

I have gone through your thread and I could see that you have been asking your concerns for almost 6-7 month but it looks like you are not getting the satisfying advice.

Have you consulted anyone else?

Regards.

[kuma1978]

Hi All,

While trying to find answers about my eligibility, I am also trying to collect as many documents as possible so that I will not have to run in the last minute.

I contacted my previous employer to issue me an Absence letter. and hit another bumper.

M previous employer is unable to find couple of my approved holidays in their system and hence will not list them in the Absence letter. They will either list the approved holidays that is present in their system or will give a generic letter mentioning all leaves were approved without listing any break-down.

Just wanted to know if it compulsory to get the break-down of all the leaves/holidays isted in the Absence letters?

What will you advice?

Regards.