Employer hasnt cancelled my tier 2 visa after termination

[Harissai]

Hi
My employer terminated my employment in nov 2016 but as per my request hasnt cancelled it yet. Now i have a new employer willing to hire me and applied for cos and i requested my old employer to cancel my visa. Now m worried what effect will it have on my new visa application and on my old employers status. Old employer has my emails of me
requesting the not to cancel my visa till i find a new job. M worried. Please help

[CR001]

It is not up to you to decide when your employer must notify HO about your termination. Your employer has a responsibility to notify HO with 10 days of you leaving the job.

You also have more than 60 days now between employers now which means you will likely be unsuccessful with an ILR application.

How have you been maintaining yourself without working for since November?

[Harissai]

Hi.. thanks for the reply. M surviving as my wife is working.
How does it effect my ILR? Do we need to show bank account details with pay coming in every month? I need to reapply my tier 2 with new employer. Does this delay effect in any way? How will my old employer cancel my visa with 6 month old termination date?

[vinny]

See also Employment gap>90 days in UK > 245AAA( b ).

[Harissai]

Hi. Thanks for the reply.
I did go through the link. Thats worriying. Any way around this any one?? Can we not fight as employer hasnt informed the gov and which is y i was waiting for the curtailment letter?? Just thinking of ways around it.

[Harissai]

Also i was thinkin how is possible to start new work with in 60 days of finishing at old one. Because the old employer will take 10 days to cancel the visa then cancellation process will take about a month before i recieve curtailment letter then we apply for new visa which will take 2 weeks to process and oncr the visa is approved i can start at new employer.. all this in 60 days is immpossible unless u have evrrythin ready and everythin falls in place with out any delay..

[CR001]

Hi. Thanks for the reply.
I did go through the link. Thats worriying. Any way around this any one?? Can we not fight as employer hasnt informed the gov and which is y i was waiting for the curtailment letter?? Just thinking of ways around it.

According to YOUR post, you asked them not. So they are in breach of their sponsor duties by not informing HO that you are no longer sponsored by them.

No way to get around this. Also no need to 'wait for curtailment letter' before finding another job.

[CR001]

Also i was thinkin how is possible to start new work with in 60 days of finishing at old one. Because the old employer will take 10 days to cancel the visa then cancellation process will take about a month before i recieve curtailment letter then we apply for new visa which will take 2 weeks to process and oncr the visa is approved i can start at new employer.. all this in 60 days is immpossible unless u have evrrythin ready and everythin falls in place with out any delay..

You should have thought about his before leaving your job. As I said, you don't have to wait for curtailment letter before finding another sponsor. Notifying HO you have left and finding another sponsor are two very different processes and not related.