Resigning on a Tier 2 Visa?

[Elle268]

Hello

I am currently on a Tier 2 General Visa and am thinking of resigning from my role and returning home.

1) When does the curtailment period begin? Is this from the date the notice of resignation is handed in or once I have actually left the role?
2) I understand there is a cooling off period of 12 months for Tier 2 Visas. Am I able to visit the UK as a tourist during that time?
3) Am I able to apply for another Visa during the 12 month cooling off period? Ie. Fiance Visa (Family of settled person Visa?) etc? If not during the 12 month period, how about after?

Is there anything else I need to be aware of before I resign?

Hopefully someone can assist!

Many Thanks.

[CR001]

1. From date of HO's letter, which can take a few months.

2. Probably yes.

3. Yes, it is a different visa category with completely different rules. 12 month cooling off is ONLY relevant to Tier 2. If you have an ILR or BC partner, why not simply switch visa category within the UK??

4. You can resign and leave. There is nothing else you need to do.

[Elle268]

Thank you for your response CR001!

My bf and I are looking into our available options. I have a lot of what if questions!
1) Say we got married in the UK, does this mean I could switch to a spouse Visa/Family of Settled Person Visa from my current Tier 2 Visa, and remain in the UK the whole time?
2) What if we got engaged? Am I able to switch from Tier 2 to the fiancé Visa/Family of Settled Person Visa? From what I have read, it appears the applicant needs to be outside of the UK to apply for this?
3) Is it possible to marry in the UK if I am only a tourist? And then apply for the spouse Visa/Family of Settled Person Visa?
4) What if my Partner and I married in my home country, and I was no longer on Tier 2, would I be able to apply for a spouse Visa/Family of Settled Person Visa?

Many Thanks.

[CR001]

1. Yes

2. A fiance visa can only be applied for outside the UK. You could apply for an unmarried partner visa in the UK though provided you meet the strict 2 years cohabitation in a relationship akin to marriage with documentary evidence to prove it.

3. No and no.

4. Yes

[Elle268]

Thanks CR001!

With regards to the unmarried partner visa, and "the strict 2 years cohabitation in a relationship akin to marriage with documentary evidence to prove it", if my BF and I have never lived together, but have been in a relationship longer than 2 years, is there any chance we could still apply for the visa anyway? Or would it not be worth bothering with since we can't satisfy this requirement?

From what I have read it does appear the 2 year co-habitation is the crucial factor, but I am curious if any couples have ever succeeded in the application without it?

Many Thanks.

[Wanderer]

Thanks CR001!

With regards to the unmarried partner visa, and "the strict 2 years cohabitation in a relationship akin to marriage with documentary evidence to prove it", if my BF and I have never lived together, but have been in a relationship longer than 2 years, is there any chance we could still apply for the visa anyway? Or would it not be worth bothering with since we can't satisfy this requirement?

From what I have read it does appear the 2 year co-habitation is the crucial factor, but I am curious if any couples have ever succeeded in the application without it?

Many Thanks.

No chance at all I'm afraid, UKVI in lieu of a proper marriage contract want to see some level of commitment in the form of an pukka husband/wife relationship which to me is a perfectly sensible requirement. Otherwise folks would abuse it (as we see so often on the board) if there is the slightest hint of crack in the door. Hence this one is locked and barred and you need all the keys to open it (great analogy that!).

So you would need to be married in all but name, joint commitments, same address, etc.

[Elle268]

Thank you for your response Wanderer!

I know CR001 mentioned earlier the fiance visa has separate rules to tier 2 as it is a different category.

Does anyone know if the Home Office/UKVI are likely to query why I left the UK after resigning on a Tier 2 Visa, and moved home for a few years, and then applied for a fiance visa a few years later? I do really want to move home to spend time with Family and am not keen on looking for another role in the UK at present, though am open to the idea of moving back to the UK to marry my BF in time when we are ready.

Would there be any issues from the Home Office/UKVI if I came to apply for the fiance visa in a few years time? Do they look into previous time spent in UK on other Visas?

Thank you.

[CR001]

Does anyone know if the Home Office/UKVI are likely to query why I left the UK after resigning on a Tier 2 Visa, and moved home for a few years, and then applied for a fiance visa a few years later?

No they won't.

Would there be any issues from the Home Office/UKVI if I came to apply for the fiance visa in a few years time? Do they look into previous time spent in UK on other Visas?

No there won't be any issue and no, your time on tier 2 is irrelevant for a fiance/spouse visa unless you have breached your previous visa conditions or used deception.

[Elle268]

Thank you CR001!