Tier 2 change of employment, curtailment of leave decision time

[samdav7]

I am under Tier 2 General and have resigned and completed serving my notice period and last working date was on 24th October. I had informed my employer (HR) to write to UKVI to initiate curtailment of leave. While I understand that I am allowed to apply for a new Tier 2 under a new employer within the 60 days period of curtailment of leave expiry date. But how long does it take for them to notify me?

[CR001]

A curtailment letter can take a few months to get sent to you.

There are two separate 60 days processes.

1. 60 days employment gap, which is written in the immigration rules. This is calculated from the date of your last employment to the date of a new application submission. A gap of more than 60 days is highly likely to result in a refusal for ILR.

2. 60 days curtailment letter takes a couple/few of months to be sent out (across all visa categories and is not specific to Tier 2) and this letter basically reduces the validity of your visa (if it is valid for more than 60 days) and you must either make an application within this time or leave at the end of the 60 days. It effectively tells you that after 60 days from date of the letter, your visa will be cancelled and you will be an overstayer.

[samdav7]

A curtailment letter can take a few months to get sent to you.

There are two separate 60 days processes.

1. 60 days employment gap, which is written in the immigration rules. This is calculated from the date of your last employment to the date of a new application submission. A gap of more than 60 days is highly likely to result in a refusal for ILR.

2. 60 days curtailment letter takes a couple/few of months to be sent out (across all visa categories and is not specific to Tier 2) and this letter basically reduces the validity of your visa (if it is valid for more than 60 days) and you must either make an application within this time or leave at the end of the 60 days. It effectively tells you that after 60 days from date of the letter, your visa will be cancelled and you will be an overstayer.

Thanks for the reply. My visa is valid until 2020, and I had informed my HR to notify the UKVI about my last date and I hope they would have by now. The main thing is I am not sure when I will receive the letter. I have applied for few jobs and waiting to be invited for interview. As it stands that the Certificate of sponsorship (CoS) should be applied before 5th of each month, time is really of essence. If I receive the curtailment of leave letter by say December, that leaves me 60 days from December, to be able to get the CoS and apply for new Tier 2 visa.

[CR001]

As I have said, curtailment letters can take a few months to get sent out.

You need to be careful that you do not end up with more than 60 days employment gap as this will be a problem and likely refusal for when you apply for ILR, if that is your ultimate aim. This 60 days counts from the date of your last employment to the date of new application with a new sponsor.

You should have found a new sponsor and applied for the new sponsor visa before resigning.

[samdav7]

As I have said, curtailment letters can take a few months to get sent out.

You need to be careful that you do not end up with more than 60 days employment gap as this will be a problem and likely refusal for when you apply for ILR, if that is your ultimate aim. This 60 days counts from the date of your last employment to the date of new application with a new sponsor.

You should have found a new sponsor and applied for the new sponsor visa before resigning.

I would like to be able to apply for ILR eventually. "the date of new application with a new sponsor" does this date mean, the date when CoS is issued or the date of submitting new Tier 2 application????
Another question; should I consider leaving UK immediately and apply outside of the UK after the cooling-off period of 365 days; to keep the ILR chances intact?

[CR001]

I would like to be able to apply for ILR eventually. "the date of new application with a new sponsor" does this date mean, the date when CoS is issued or the date of submitting new Tier 2 application???? Date of application.

Another question; should I consider leaving UK immediately and apply outside of the UK after the cooling-off period of 365 days; to keep the ILR chances intact? It is your choice if you wish to serve the 12 month cooling off period outside the UK and hope that you do get a sponsor.

[samdav7]

I would like to be able to apply for ILR eventually. "the date of new application with a new sponsor" does this date mean, the date when CoS is issued or the date of submitting new Tier 2 application???? Date of application.

Another question; should I consider leaving UK immediately and apply outside of the UK after the cooling-off period of 365 days; to keep the ILR chances intact? It is your choice if you wish to serve the 12 month cooling off period outside the UK and hope that you do get a sponsor.

On my last Tier 2 visa, I was here for 5 months and left the country in 3 days after resigning, served the cooling-off period and came back on a new Tier 2.
At the moment, it will depend on how early I will be called for interview, complete the recruitment process, get new CoS and submit the application. The cut of date for the 60 day period is 26/12/17.
If I can submit the new application before this date, it will be a miracle!
One more thing, as I had served a cooling-off period before and when I am eligible to apply for ILR, will my 5 months of working under old Tier 2 be counted as part of the 5 year to be eligible for ILR?

[CR001]

No, your tier 2 to ILR clock started from scratch when you came back after the cooling off period.

[cracker1234]

A curtailment letter can take a few months to get sent to you.

There are two separate 60 days processes.

1. 60 days employment gap, which is written in the immigration rules. This is calculated from the date of your last employment to the date of a new application submission. A gap of more than 60 days is highly likely to result in a refusal for ILR.

Sorry to hijack this thread. As I am in this situation, that's why jumped into this thread to get an answer. Please suggest..

When you say 60 days employment gap, which is calculated from the date of last employment - does it mean from the date you stopped getting salary from previous employer or the date you get the relieving letter from the employer ?

I am asking this question as I need to apply for ILR by 2019 which is not too far, but your post is scaring me now..

When I left my previous employer, I was working for them till 1st April, 2015 but I stopped getting my salary from 1st January, 2015 when I gave notice period to them. So, my relieving date in the relieving letter is 1st April, 2015, but my last working date in P45 was on 1st January, 2015, which 90 days gap without salary, but without employment.

I know it's wrong done by employer, but I did not go against them as I was not knowing this problem may come later.

Do you think my ILR will be rejected based on this ? Thank you very much in advance.

[CR001]

A curtailment letter can take a few months to get sent to you.

There are two separate 60 days processes.

1. 60 days employment gap, which is written in the immigration rules. This is calculated from the date of your last employment to the date of a new application submission. A gap of more than 60 days is highly likely to result in a refusal for ILR.

Sorry to hijack this thread. As I am in this situation, that's why jumped into this thread to get an answer. Please suggest..

When you say 60 days employment gap, which is calculated from the date of last employment - does it mean from the date you stopped getting salary from previous employer or the date you get the relieving letter from the employer ?

I am asking this question as I need to apply for ILR by 2019 which is not too far, but your post is scaring me now..

When I left my previous employer, I was working for them till 1st April, 2015 but I stopped getting my salary from 1st January, 2015 when I gave notice period to them. So, my relieving date in the relieving letter is 1st April, 2015, but my last working date in P45 was on 1st January, 2015, which 90 days gap without salary, but without employment.

I know it's wrong done by employer, but I did not go against them as I was not knowing this problem may come later.

Do you think my ILR will be rejected based on this ? Thank you very much in advance.

Please post in your own topic. It is considered rude to tag onto another members thread.

It is 60 days from your last date of EMPLOYMENT.

[samdav7]

Hi,

I have an urgent query! For the new employer to be able to apply for certificate of sponsorship under Tier 2, is there a cut-off date; to apply for CoS within the UK; the same as 05th of each month for outside of the UK?

[Suh1234]

I think if you applying within country switch its an Unrestricted COS and can be applied by sponsor at any time. The 5th of Every month is only when you need to go outside UK for application and for restricted COS.

[samdav7]

Hi,

Thanks! To be clear, "Switch" also mean if you change to a new employer????

[CR001]

To be clear, "Switch" also mean if you change to a new employer????

Yes!

[samdav7]

Hi,

When you are switching to a new employer under Tier 2 General, should you show maintenance for funds as £945.00 for consecutive 90 days from your bank statement? It says in the guidance:
"Points awarded for maintenance

170. You will be awarded 10 points if:

 you currently have entry clearance, leave to enter, or leave to remain as a Tier 2 skilled worker; "

Does this mean, if you have existing Tier 2 with your old employer and being in UK????

Thanks!