Leaving your work-sponsored job + Garden Leave

[Pumpkin7722]

HI guys, I have bit of a complicated situation here.
I'm currently on a Tier 5, and will be returning to my home country to finish processing my Tier 2. When my manager had decided to sponsor it, it was back in February and the company is undergoing MASSIVE changes which has affected my role. My responsibilities are no longer what they used to be, and I'm miserable in this job. Moving internally under the same SOC isn't an option as there's a hiring freeze.

My partner is from the EEA and we're planning on getting married in August, after which we'll apply for an EEA Family Permit/Residence Card which would allow me to switch companies without worrying about finding another company that sponsors.

My contract currently states a 2 month notice period if you want to leave. So my question is, once I give my resignation, will I be considered no longer employed (hence no longer deserving of a Tier 2) immediately, or would it be at the end of my garden leave? I tried finding out from HR in a tactful way, and apparently I would still be paid for 2 months (hence still considered an employee), I just don't want to mess up my EEA application by ending my "legal right to be in the country" because then they might reject it since my right to be here has expired.

I've been reading through some of the other posts, and it looks like the company will inform HO 10 days after my employment ends. I dont know if this means "10 days after resigning" or "10 days after my notice period ends".

It would help my mental health so much if I can give my 2 months notice in August, then get the EEA FP 6 weeks later, but I don't want to mess around with anything so it looks like I might have to stick around till 3rd week of Sept which is when I would expect the EEA FP to come through.

Thank you!

[iworker]

its unclear what you want to know.
why do u think not being part of company will help u get EEA dependent visa?

[CR001]

It is 10 days AFTER you leave the company that your company notifes HO, not during your resignation period.

[Pumpkin7722]

Thank you CR001! That helps me a lot..I can quit earlier and not be miserable anymore lol.

iworker, basically, I want to leave as early as possible. But I don't want my lack of Tier 2 to deter my EEA Family permit (considering if I don't have it anymore, I'm not in the country legally). But if I'm still legally employed until my notice period ends, then I can resign earlier than expected.

[CR001]

iworker, basically, I want to leave as early as possible. But I don't want my lack of Tier 2 to deter my EEA Family permit (considering if I don't have it anymore, I'm not in the country legally). But if I'm still legally employed until my notice period ends, then I can resign earlier than expected.

Don't confuse the EU Directives with the UK Immigration rules. One does not rely or link to the other in any way, they are completely separate.

You only have automatic right to reside in the UK as the spouse of an EU citizen if you are married AND your spouse is exercising treaty rights.

[Pumpkin7722]

Thanks CR001. That's completely fine, we're applying under a "qualified person" as he's an EEA citizen who is employed in the UK (not just chilling on the couch everyday ).

Thanks again for your responses, I feel like a huge weight has been lifted off my shoulders knowing that I can give my notice at the end of July (after Home Office has investigated our marriage notice during the 28 days and seen that I have a Tier 2, thereby not having to extend the notice period to 70 days).