Opening Limited company on dependent/Tier 2 visa

Hi
I am going through very difficult situation and need expert advice on my few questions. Basically I have Tier 2 general visa and my wife has dependent visa. I work for a IT company who has sponsored my visa but I would be leaving them this week due to some problems. Now I have 2 months to find out new sponsor and switch my tier 2 with them. Now need to know :
- Within this 2 months period am i allowed to work with anyone on a contractual basis using umbrella company.?
- Can my wife/myself open limited company and I can work as an employee in that limited company for 2 months.?
- Wihtin this 2 months period what would be my visa status.?

Looking forward to the experts advice and support.

Thanks

Now I have 2 months to find out new sponsor and switch my tier 2 with them.

Why do you believe you only have 2 months to find a sponsor??

- Within this 2 months period am i allowed to work with anyone on a contractual basis using umbrella company.?

No you are not. Contracting under an umbrella or third party company is strictly not allowed on Tier 2.

- Can my wife/myself open limited company and I can work as an employee in that limited company for 2 months.?

No.

- Wihtin this 2 months period what would be my visa status.?

Again, not sure why you believe you only have 2 months.

Hi
Thanks for coming back. Because I am on Tier 2 visa sponsored by an IT company and if I leave them my visa with them would also end. So it means I need to find a new sponsor to get a Tier 2 visa. And to find that I have only 2 months time as per immigration law.
Makes sense to you now.?

You have misunderstood the process.

Once you have left your job, your sponsor informs HO within 10 days. This triggers the curtailment process but is NOT the start of the 60 days curtailment.

Once HO send your the curtailment letter, which can take a while to get sent, that is when the 60 days start and the letter will tell you what your new visa expiry date is.


Your sponsor doesn't cancel or curtail your visa, only HO can do that.

ahhh this gives me little bit relief.
I thought once the employment ends with the company from that very day 2 months clock starts. But i need to look for a new sponsorship and wait for the letter to come.
I need your expert advice to check within this period how can i earn money legally as I cannot sit idle for a month or so. How can i do any contract or anything with an IT company.?

Thanks

I need your expert advice to check within this period how can i earn money legally as I cannot sit idle for a month or so.

You can't. There is no way that you can work at all if you are no longer working for your tier 2 sponsor.

How can i do any contract or anything with an IT company.?

It is illegal to contract on a tier 2 and you will be in breach of your visa conditions. You cannot work for another company unless you get sponsorship and a new visa.

Hi CR001
Your responses were very helpful. However I want to know one more thing :
- Can my wife(dependent) travel to India within this time frame.?

Please let me know your thoughts soon..!!

Once you leave your Sponsors employment then they should advise the HO within 10 days. On receipt of this notification the HO plcaces a marker on the system to show that you are no longer Sponsored. And that is all that it is a marker, you or your dependents have not even started in the curtailment process.

Your case is then filled with the curtailment team and added to a fair substantial pile of other cases. In some weeks / months you will eventually receive a formal curtailment letter giving you 60 days to submit an application of some sort or leave the country.

If your dependents leave the UK before or after the marker when they return they can expect to be answering a few questions at the border control. Nothing will be a problem as long as at the point of return the curtailment letter has not been issued.
If the curtailment letter is issued while they are out of the country they will not be allowed entry even if they return within the 60 day period.

So it is all a matter of timings and what level of risk you are prepared to take.

Hello
Thanks for coming with your expert advice. This is going to be very tough decision for me as this is more like a gambling. If I take risk and send my wife back home and at the same time letter is issued then she won't be given entry in UK.
For this curtailment letter, do you know if HO sends any notification through an email or SMS to inform the main applicant stating the letter has been issued.?

Thanks

If they have your email address on file they can send it - however the only guaranteed service is when they send it to your home address. Make sure the employer has your up to date address and also inform the HO too.

Yes my company holds my current home address. There is one more doubt on visa :
- If I get a curtailment letter and they provide me a specific date and at the same time my Tier 2 sponsorship has also started with another company. And if Tier 2 switching process takes longer than the date specified on letter, then what would happen.?

rohanshrivastav27 wrote: ↑

Wed Feb 27, 2019 10:07 am

Yes my company holds my current home address. There is one more doubt on visa :
- If I get a curtailment letter and they provide me a specific date and at the same time my Tier 2 sponsorship has also started with another company. And if Tier 2 switching process takes longer than the date specified on letter, then what would happen.?

If you apply for a new tier 2 visa with a new employer before end date of the curtailment, you are protected under section 3C and your existing visa conditions continue if you pass the curtailment date while HO is processing your new application.

Note that you cannot work for anyone once you have left your current sponsor. You must wait till you get your new visa before you can start working again.

Thank you mate for your quick and informative responses. Your knowledge is amazing. I will ask you more questions later in case I need any help. Thanks for your help again..!!