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Tier 2 ICT - Termination of employment

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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rgraterol
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Joined: Sat Aug 09, 2014 1:17 pm

Tier 2 ICT - Termination of employment

Post by rgraterol » Sat Aug 09, 2014 1:42 pm

Dear Immigrationboards,

I'm a Tier 2 ICT visa holder and I have resigned from my current job and I'm currently looking for jobs in the EU. Below a summary of my case:
Type of visa: TIer 2 ICT Long Term staff issued Dec 2011.
Expiration of leave to remain: Jan 2015.
Resignation date 06/08.
Notice period: 60 days. Until 06/10.

I've read the other threads regarding curtailment of leave and the 60 days period once HO sends me the notification of their decision. There seems to be a bit of a grey area. I understand also that HO will not curtail my leave if I have less than 6 months left on my current leave to remain. I don't have plans to go back to my country so I need to clarify a few things. My questions are:

1. Providing I don't get any notification from the HO on my curtailment of leave. Can I stay legally in the UK until Jan 2015?.
2. Can I leave UK and comeback during this time or will they stop me at the immigration check?. I'm looking for jobs outside of UK due to the cooling off period but I need to travel and comeback.
3. I understand I can switch to Tier 4 within the UK. Would this be a legal option to extend my leave If I needed to?.
4. Can I request a tourist/temporary visit visa within the UK?.

Thanks

lawabidingimmigrant
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Posts: 149
Joined: Sat Jun 23, 2012 11:51 pm

Re: Tier 2 ICT - Termination of employment

Post by lawabidingimmigrant » Sun Aug 10, 2014 12:30 pm

- There's less likely chance of your leave being curtailed & you receiving a communication from UKVI on this. You should have time till Jan 2015 (your visa validity date) to look for a new sponsor.

- Leaving & coming back during this period will be very risky. If you are planning to travel after your last day of employment, your sponsor may already have informed UKVI that your employment has been terminated.

- It depends what you intend to do after finishing your employment on T2 ICT.

- Don't think so.

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Frontier Mole
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Joined: Tue May 06, 2008 12:03 am
European Union

Re: Tier 2 ICT - Termination of employment

Post by Frontier Mole » Mon Aug 11, 2014 9:17 am

Curtailment will be processed if you have more than 60 days left on your visa at the time your current sponsor notifies UKVI.
Regardless of receiving a curtailment letter or not leaving the country and expecting to return after your final day at work is not an activity I would advise you to do.

rgraterol
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Posts: 3
Joined: Sat Aug 09, 2014 1:17 pm

Re: Tier 2 ICT - Termination of employment

Post by rgraterol » Mon Aug 11, 2014 11:02 am

OK thanks for your comments. It's a bit contradictory that If I have hypothetically leave to remain valid until jan 2015 regardless of my termination of the sponsorship, I can't leave and comeback to UK. Even though my sponsorship ends, there is still a legal timeframe where my visa is still valid whether its 60 days after notification from UKBA or not. Have you had any concrete example like this?. But I agree its a risk.

How long do you think it would take to process a change from my current Tier 2 ICT to a Tier 4 visa?.

vishpb35
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Joined: Fri Mar 14, 2014 9:34 pm
Location: United Kingdom / Immigration forum website

Re: Tier 2 ICT - Termination of employment

Post by vishpb35 » Wed Aug 13, 2014 7:39 pm

60 days from when your employer notifies (your last working day) to UKBA using their sms webservices. Either You need to switch job if at all in this timeframe or depart from UK

manci
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Re: Tier 2 ICT - Termination of employment

Post by manci » Wed Aug 13, 2014 7:54 pm

rgraterol wrote:. It's a bit contradictory that If I have hypothetically leave to remain valid until jan 2015 regardless of my termination of the sponsorship, I can't leave and comeback to UK. Even though my sponsorship ends, there is still a legal timeframe where my visa is still valid whether its 60 days after notification from UKBA or not. Have you had any concrete example like this?. But I agree its a risk.
see p146:
https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

rgraterol
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Posts: 3
Joined: Sat Aug 09, 2014 1:17 pm

Re: Tier 2 ICT - Termination of employment

Post by rgraterol » Fri Aug 15, 2014 12:59 pm

Well I can't switch job inside UK because I'm Tier 2ICT with cooling off period, I need to leave anyway. Worst type of visa in the UK.

Ok thanks for your help. I will make my decision based on your comments. Take care.

FaeLLe
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Joined: Thu Nov 14, 2013 7:11 am
Location: London
United Kingdom

Re: Tier 2 ICT - Termination of employment

Post by FaeLLe » Sat Aug 16, 2014 6:48 pm

rgraterol wrote:Well I can't switch job inside UK because I'm Tier 2ICT with cooling off period, I need to leave anyway. Worst type of visa in the UK.

Ok thanks for your help. I will make my decision based on your comments. Take care.
It is designed to be this way, you come and work for your employer and leave once your work is done; they do not want you to take any other job opportunities that might come.

Good luck with future opportunities my friend.

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