60 days after resignation

[kc0793]

Hi,

I have a Tier 2 general now and have an offer from another firm willing to sponsor me. I have heard your stay is considered illegal 60 days after you have resigned at your current firm. Unfortunately I have already resigned (I wasnt aware of the 60 day rule). My question is - is the 60 day rule still valid, and how would UKBA be made aware of my resignation date? My new firm have advised me today to wait before new visa application is made before resigning, unfortunately I resigned a couple days ago (just an email to my manager), without knowing all these complications. What is the best course of action for me now?

Thanks

[poper]

Hi,

I have a Tier 2 general now and have an offer from another firm willing to sponsor me. I have heard your stay is considered illegal 60 days after you have resigned at your current firm. Unfortunately I have already resigned (I wasnt aware of the 60 day rule). My question is - is the 60 day rule still valid, and how would UKBA be made aware of my resignation date? My new firm have advised me today to wait before new visa application is made before resigning, unfortunately I resigned a couple days ago (just an email to my manager), without knowing all these complications. What is the best course of action for me now?

Thanks

That's not right. You do not become illegal immigrant after 60 days of resignation.
UKVI curtail your visa for 60 days after your employer notifies them that they no longer sponsor you.
You only become overstayer if you overstay your visa/curtailment period.
However a gap of more than 60 days between your last day of work and the date of application for a subsequent Tier 2 visa(which is successful) breaks your continuity for ILR based on 5 year period

IMHO, you need to withdraw your resignation if possible.
It is highly advisable to resign only after receiving your new BRP(of your next employment)

See below for a guide on switching:

uk-tier-2-employer-sponsored-visas/tier ... 69661.html

[Djsuccess]

Hi,

I have a Tier 2 general now and have an offer from another firm willing to sponsor me. I have heard your stay is considered illegal 60 days after you have resigned at your current firm. Unfortunately I have already resigned (I wasnt aware of the 60 day rule). My question is - is the 60 day rule still valid, and how would UKBA be made aware of my resignation date? My new firm have advised me today to wait before new visa application is made before resigning, unfortunately I resigned a couple days ago (just an email to my manager), without knowing all these complications. What is the best course of action for me now?

Thanks

Never resign before your have the BRP for the new job. I guess you resigned early because of notice period. Having a company to sponsor you is not a guaranty that a visa application will be successful especially changing job and employer where RLMT is required. Things could easily go wrong. If you have a good relationship with your manager, I'd advise you withdraw your resignation letter ASAP. And then resign once you have your new BRP. This might change everything for you at your current job, if your boss agrees to withdraw your resignation letter now and then you resign again in a couple of months. This is however better than losing on both side. Don't lose what you have for what you don't have yet. All the best.

[kc0793]

However a gap of more than 60 days between your last day of work and the date of application for a subsequent Tier 2 visa(which is successful) breaks your continuity for ILR based on 5 year period

Is this correct? So the 60 days start from my last day of work, not from when my employer would have notified UKBA?

[kc0793]

I see this in ILR guidelines on gov.uk:

"60 day breaks in employment
Where the applicant has a break in employment and applies for further leave as a Tier 2 migrant or a work permit holder to work for a new sponsor or on a new work permit within 60 days of the end of the employment with the previous sponsor or permitted employer, you must disregard this period for ILR."

From this, it seems that if the gap is more than 60 days, this gap period must be considered as part of the ILR period checks of time spent outside the UK. Not that the 5 year period timeline is broken?

[poper]

Hi

Read through the below thread on 60 days gap

indefinite-leave-to-remain/tier-2-to-il ... 28424.html