Immigration status during police investigation

[rmsj2013]

Hi,

I need some urgent advise. I am working in UK on Tier 2 General Visa. My employer will most likely be dismissing me next week. At the same time police is investigating the matter since last few months and have seized my passport to not allow me to leave the country while keeping me on conditional bail until another 5 months. I have not been charged yet and I am expecting the investigation to close without any charges sometime around end of year.

However, in the mean time, I am not certain what will be my immigration status. 60 days after my employment terminates my Tier 2 will be invalid. However, I cannot leave the country before Police drops the case and I think I cannot apply for a new sponsor without a passport ( Getting a new job with the investigation itself is a question)

Additional information - my wife is working on her independent Tier 2 visa.

Can someone please help what options do I have here.

Regards,

[oadamson]

First of all, I'd advise you to get an immigration lawyer, cases involving the police are usually complex.

Also, I'm assuming that if you get dismissed while your case is still under review with the police, your status remains as a Tier 2 holder for 60 days or until your passport is released (if found guilty, you may have violated conditions of your stay) and may be expected to leave the country.

If released less than 60 days, you have some time to look for an alternate employer to sponsor you again.

Now if I were in your shoes, what I'll do is start looking for a sponsor immediately, especially due to the fact that you're certain to get fired. If I were you, I'd be looking for an employer and an educational establishment (as back up) as a sponsor.

You may be lucky and find an employer willing to sponsor you without your actual passport (a photocopy), that's a stretch though. But more likely is for you to try and brush up on your skills, enroll for a post-graduate course while all this is going on and hopefully by the time you're done, your case will be finished and you'll have your passport back.

Then you can switch into student visa, finish your course, hopefully find a job and then you can switch back into Tier 2 providing you get a willing sponsor.

Best of luck my brother, things happen