Tier 2 General Advice needed please

Hi All

I am an Indian National currently on Tier2G since 2015 and eligible to apply for ILR in Oct 20, however due to some unforeseen circumstances I am at a serious risk for being sacked which could happen in the next week or so. I managed to find an offer with a startup however they have just initiated the process of applying license and the cos. Their solicitor has advised that the entire process to get me Onboard might take until end of April. Appreciate if you could help with my questions below:

1. How long does it take for HO to send the curtailment letter? Can anyone share timelines who has received the curtailment letter in the last 6 months or so, I understand that there are no definitive guidelines but just looking for recent experiences.

2. Does the 60 period after curtailment start on the termination date or date on which the letter was received?

3. Does the 60 day period corresponds to curtailment letter receive date to date of new T2G application or start date of employment?

4. If I have an employment gap of more than 60 days, would this cause any issues with my ILR? I understand that since 2018 HO removed the gap however my T2G was initiated in 2015, so a bit confused.

Appreciate these are lot of questions, but I’m going through a rough patch and any help would be immensely appreciated.

Thanks in advance.

PR002

1. We can't tell how long a curtailment letter will take. Sometimes it is sent quicker and other times it takes a few months. If you leave the uk, sometimes you get an email other times your visa is simply cancelled as you have left the country.

2. Starts from date letter is received and the letter will state the date your visa is curtailed to.

3. The curtailment letter has nothing to do with a new tier 2 visa change if employer application. They are two separate things.

4. There is no employment gap rule, regardless of when your initial visa was issued.

Thanks CR001 for your quick reply, much appreciated.

Regarding the point "3. Does the 60 day period corresponds to curtailment letter receive date to date of new T2G application or start date of employment?"

For eg., In the worst case, if i receive the curtailment letter on 17th Feb from HO that would give me 60 days ie., 17 Apr, would that mean I should have started the employment by 17 Apr and just that i should have submitted by change of employment visa application by 17 Apr? I am a bit worried as my new employer is a startup and if there are any delays in getting a sponsorship license for them,it would make my stay legal. By talking to their solicitor, he is suggesting that they might get the CoS for me (unrestricted) by 15-Apr.

Appreciate your help CR001. Thanks in advance!

You need to APPLY before the end of the curtailment period.

Highly unlikely you would get a curtailment letter almost immediately. They take months to get sent out.

Note that you cannot do any work in any capacity, full or part time, until you have a new visa.