Notice period and Tier 2 validity

[VirtualWaver]

Hi All,

A have the following question please: my current notice period is 3 months. If I give a notice to my employer (or they give me) will my Tier 2 be invalid immediately after 3 months or I will serve my 3 months notice and after that will have another 3 months to find a new job? Thanks.

[CR001]

Your employer only notifies HO within 10 days of your last date of employment that they are no longer sponsoring you.

after that will have another 3 months to find a new job

Not sure what you mean by this or what the reason behind the question is?

[VirtualWaver]

Thanks a lot!

Well as far as I know when one leaves employer under Tier 2 they still have 60 days to find another job or change their visa type? Or this is a wrong information? Thanks.

[CR001]

Yes, but you stated 3 months!!

There are two 60 day issues and they are completely separate.

1. 60 days curtailment letter, which takes a couple/few months to get sent out. This effectively reduces the validity of your visa to 60 days (if it is longer than 60 days) and you need to make another application within that time or leave within that time up to the 60th day.

2. For ILR - you cannot have an employment gap of more than 60 days, calculated from the date of last employment to the date of a new application being made.

[VirtualWaver]

Sorry my bad!

So to confirm I will have 3 months notice period AND 60 days to get a new visa? After that 60 days my visa will be cancelled and I will be considered illegal in the UK?

[CR001]

Your notice period is completely irrelevant to the two separate 60 days issues.

You are misunderstanding.

Your visa is only curtailed/cancelled when HO sends the letter, this could be a few months after your last date of employment. If you do not leave the UK by the last date of the curtailment letter, then you will be an overstayer yes but it is NOT 60 days after your last date of employment.

If your aim is to get ILR at some point, the separate issue of no more than 60 days employment gap is the one you should worry about more. The employment gap of 60 days issue is written in the immigration rules.

[VirtualWaver]

Thanks for this!