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Validity of Tier 2 visa if I quit my job

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

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the_eclectic
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Validity of Tier 2 visa if I quit my job

Post by the_eclectic » Mon Jan 11, 2016 6:14 am

Hello,

After speaking to an agency my employer works with and also getting advice on this forum, I recently found out that I will be eligible to apply for residency only in 2020 (i.e. I have to wait another 4-5 years than my theoretical eligible date) because I've spent just way too many days outside of the UK (even if it was for work).

So with that plan having gone out the window and not even being able to get a mortgage (because I either need residency or a min. 18 months on my visa) and also being burned out and tired of my job, I'm seriously thinking of leaving the country and returning home. I haven't made up my mind, yet, as I know that once I quit it won't be easy to return to Europe on another company sponsored visa. (sigh)

My question is, if I hand in my letter of resignation, does that invalidate my working visa (which terminates early October of this year)? Or though it is a working visa it still remains valid (for me to stay in the country) as it's already been issued?

The reason I ask is because if I do quit, I'd like to take some time to travel throughout Europe and possibly do some other things (not work) rather than knowing that I'd have to immediately leave the country and buy another ticket back to Europe (to do the travelling, etc).

Any advice would be highly appreciated.

Thank you.

iworker
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Re: Validity of Tier 2 visa if I quit my job

Post by iworker » Mon Jan 11, 2016 10:34 am

once you resign, your employer will need to inform the ukvi that you have let the job. ukvi then send you a letter curtailing your visa to 60 days from the date of letter.
in practice, your employer may take long to inform the ukvi, and in return, ukvi takes long , in some cases up to moths before sending u a letter.
So best case senerio, you dont get a letter till few months, and worst case is 60 days after your last working date

the_eclectic
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Re: Validity of Tier 2 visa if I quit my job

Post by the_eclectic » Thu Jan 14, 2016 9:34 am

Hello,

Thank you for the reply.

Okay, assuming that my employer sends the notification immediately and they process it immediately as well, I'll go by 60 days to be on the safe side.

So this means from the official date of leave I'd be able to stay in the UK for 60 days as a tourist. But I guess this will keep getting renewed if I, for example, go from London to Athens to some other Europeans city and then return to London (to fly back out to Asia), correct?

It's not a huge issue, I guess, since I could just return to Asia and then buy another ticket to Europe when I'm ready to travel, but starting my travels whilst I'm still in London I guess would save me some money.

Thank you again.

vinny
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Re: Validity of Tier 2 visa if I quit my job

Post by vinny » Thu Jan 14, 2016 12:51 pm

If you quit your job, then you cannot enter the UK on your current Tier 2 leave.
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the_eclectic
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Re: Validity of Tier 2 visa if I quit my job

Post by the_eclectic » Fri Jan 15, 2016 7:25 am

Ah, yes, I knew that. I realized I'd misunderstood the '60 days' to be the period I can be in the UK as a tourist. I realize the previous reply meant that I'd be given 60 days to leave the country on my Tier 2 visa? Is this correct?

So, in sum, 60 days for me to remain in the UK under my Tier 2 visa once I resign, but once I leave (to travel in Europe) and decide to re-enter the UK (for example, due to flight reasons) I'd be doing so as a tourist.

Is this correct?

Thank you in advance.

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Re: Validity of Tier 2 visa if I quit my job

Post by CR001 » Fri Jan 15, 2016 9:18 am

Correct yes.

Likely that you will face questioning on trying to re-enter the UK as they will see that your Tier 2 has been cancelled.
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the_eclectic
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Re: Validity of Tier 2 visa if I quit my job

Post by the_eclectic » Mon Jan 18, 2016 7:07 am

Thank you CR001. Much appreciated.

Though a slightly different topic, I'd like to ask a question here rather than opening up a different thread if it's okay. (If not, I will move the post.)

I read the following regarding extending your visa.

How long you can stay
You can apply to extend your visa for up to another 5 years, as long as your total stay is not more than 6 years.

I was issued my first visa in 2010 (Sep), then renewed it in 2013 for another 3 years. (Not sure if it would've been possible to renew for 5 years and the company didn't or what.) My current visa is due to expire in early October of this year. Does this mean under current laws I will have to leave the UK anyway because my total stay cannot be more than 6 years (under the Tier 2 category)? So anyone Tier 2 person who has been in the UK for more than 5 years (with a visa extension) should theoretically apply for residency or leave before the 6 years passes?

I ask because after being told I'd have to wait till 2020 to become eligible to apply for residency (due to the number of days I'd been outside of the country even if it was for work), I was thinking of leaving my job and returning home (as I'm burned out and with the residency issue not working out I'm tired of everything now). If I cannot stay in the UK with my Tier 2 visa for more than 6 years, it looks like I will have to leave anyway? Or return home on an ITC?

Thank you.

nruizma
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Re: Validity of Tier 2 visa if I quit my job

Post by nruizma » Thu Oct 05, 2017 7:25 am

hello the_eclectic!
Thanks for posting and asking the question about Tier 2 visa. I hope you can give me some information and advice based on your experience.
I have a Tier 2 working visa that expires in Feb 2018. I would like to leave my job in November this year to go back to my home country (Colombia). Once I leave my job, I want to travel for 10 days in Europe or Turkey and come back to the UK to pick up my stuff to go back to Colombia.

Is this possible with my current visa situation? will I be able to re-enter the country?

Thanks,
Natalia

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