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Tier 2 not revoked after leaving job.

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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surgeonkhan
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Joined: Thu Dec 31, 2015 1:26 pm

Tier 2 not revoked after leaving job.

Post by surgeonkhan » Thu Dec 31, 2015 1:38 pm

i have my peculiar case.i have been on TIER 2 general since july 2011.Am eligible for ILR in june 2016.After doing the job for one year ,i just left the job after my contract finished and went to pakistan.My residence permit was still valid.The same hospital I worked for re advertised my job again.I applied again .Was selected again and joined the job again after a break of about 135 days.since then i am continuously in uK.Going through the rules it says once you leave a job your employer has to contact UKBA and tell them that this person has left the job and his sponsorship is suspended.That has not happened since i came back on the old tier 2 visa initially issued.Now my Queries
1)how do i explain this 135 days absence.since the rule says you cannot be on unpaid leave for more than 30 days on tier 2 visa.

geriatrix
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Re: Tier 2 not revoked after leaving job.

Post by geriatrix » Thu Dec 31, 2015 2:03 pm

Given that you left UK, how do you know for sure whether or not your leave was curtailed at the time.
Maybe the curtailment letter was issued and sent to your UK address but you are unaware of it because you were not even in the UK?

You were outside the UK for 135 days voluntarily, without a job, so cannot get a letter from a sponsor to certify your absence.

Apply for settlement when you complete 5 years after you returned from the said absence.
Life isn't fair, but you can be!

surgeonkhan
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Posts: 4
Joined: Thu Dec 31, 2015 1:26 pm

Re: Tier 2 not revoked after leaving job.

Post by surgeonkhan » Thu Dec 31, 2015 2:08 pm

I came back on the same visa.if the visa was revoked i would not have been allowed entry.I also had a letter from the employer stating i was on unpaid leave.bUt i did not needed that .i later on applied for an extension of that visa as well.if a letter was sent they must have known that this visa was curtailed and i also confirmed from my employer ,they never informed Ukba that this guy has left the job

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
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United Kingdom

Re: Tier 2 not revoked after leaving job.

Post by geriatrix » Thu Dec 31, 2015 2:22 pm

surgeonkhan wrote:I came back on the same visa.
Okay, that wasn't clear from your first post.

A sposnor is required to inform HO when a sponsorship is terminated. Not doing so can lead to revocation of Tier 2 license. Lucky that your sponsor got away with it.

That said, the second point in my previous response still stands.
Life isn't fair, but you can be!

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: Tier 2 not revoked after leaving job.

Post by geriatrix » Thu Dec 31, 2015 2:26 pm

See also 245HH(B).
Life isn't fair, but you can be!

surgeonkhan
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Joined: Thu Dec 31, 2015 1:26 pm

Re: Tier 2 not revoked after leaving job.

Post by surgeonkhan » Thu Dec 31, 2015 2:35 pm

Thanks a lot.that was helpful.I will give it a go and apply with a personal letter....all that can happen is it will be refused.i have to wait anyway.I might get lucky

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