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End of fixed term contract. How long can I stay in the UK?

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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MKO2
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Joined: Wed Mar 11, 2015 2:55 pm

End of fixed term contract. How long can I stay in the UK?

Post by MKO2 » Wed Mar 11, 2015 3:15 pm

I came to the UK to work a fixed term, three year, contract which is scheduled to finish early September 2015. Because my original Tier 2 visa had an expiry date before the end date on my contract I have applied for a new one and now have a visa valid until 2018. However, I have just been informed there are no options for extending my contract after September (I am working on a funded project, so no more project means no more money to cover my salary). What does this mean for my visa? And also what does this mean for my husband, who has a dependent visa. Specifically, I am curious of the following:

Since my contract ends before my visa, is this considered curtailment? Will I have 60 days before I have to leave the UK? Or less?

I understand I will no longer be able to work after I complete my contract (I will not be looking for a new employer in the UK), but will my husband be able to continue working for his employer until the day we leave the UK?

We are only looking to stay until mid October, giving us enough time to prepare for our move back to the US and wrap up a couple of other things. But even trying to figure out what our legal rights and obligations are for a short period of time seems very confusing. Can anyone help with this? Your responses are greatly appreciated!

iworker
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Re: End of fixed term contract. How long can I stay in the U

Post by iworker » Wed Mar 11, 2015 3:49 pm

Once your contract finishes, legally your emloyer should inform the UKVI about the end of employment. Once they receive this information, they should then write to you and say that your visa has been curtailed (including that of your dependents) for 60 days FROM THE DATE OF THEIR LETTER).

However, in reality, following things happen.
The employers do not always inform the UKVI about the end of employment.
Once the employers inform the UKVI, the UKVI takes some time (many a times several months) before writing to you about curtailment.

So for your questions, if you are only looking to stay up till Oct, then you should be fine as long as your contract finishes in Sept.
In meantime, you should look for new employer if you wish to stay here.
Alternately, your husband can look for a sponsor, but he will need a restricted COS and will need to apply from home country.

MKO2
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Joined: Wed Mar 11, 2015 2:55 pm

Re: End of fixed term contract. How long can I stay in the U

Post by MKO2 » Sat Apr 25, 2015 12:29 pm

Thank you for the response.
I do, however, have one additional question.
I have made travel arrangements for my husband and I to leave the UK within 60 days of my contract ending. My contract ends beginning September, and we will leave in late October. I know I will be unable to work during this time, however, I am unclear as to when my husband's right to work will expire and what day he will need to stop working. I know, as a dependent, his visa will be curtailed along with mine. And he has no intention to apply for his own sponsorship, as we will be leaving the UK indefinitely together. But it will obviously help us out financially if he can work up until the last possible day. Can anyone advise when this might be?
Again, any informed response is greatly appreciated!

moonlight55
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Re: End of fixed term contract. How long can I stay in the U

Post by moonlight55 » Sat Apr 25, 2015 9:29 pm

He can continue to work until the last possible day. No issues with it.

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