Cancelling my tier 2 and changing to Partner

[mhib]

Hi,

I am currently on a Tier 2 visa. My partner just got offered a chance of a new position where the employer is offering sponsorship (she is currently on a partner visa). If this happened can you please let me know the following:

- Will I be able to leave my current tier 2 sponsor and switch to a partner visa with her
- If that did happen, will we loose on the years of residency that we have already had in the UK as part of me being the main sponsored person.
- If i left my position before she got issued a visa, and then she had her visa issued within the 60 days widow, will i restart my count for ILR

Thanks.

[CR001]

- Will I be able to leave my current tier 2 sponsor and switch to a partner visa with her

Yes if you meet the requirements.

- If that did happen, will we loose on the years of residency that we have already had in the UK as part of me being the main sponsored person.

Yes, each of you switching to main/dependent of the other resets your clock for ILR to zero.

- If i left my position before she got issued a visa, and then she had her visa issued within the 60 days widow, will i restart my count for ILR

Your clock resets to zero anyway if you switch to tier 2 dependent.

There is no '60 days' employment gap issue anymore, it has been removed from the rules but is only applicable to tier 2 to tier 2 change of employers.

The other 60 days is your curtailment period once you finish at your sponsor and HO are fairly quick with sending these letters out now so if there is any delay in your partner getting a visa from home country, you will have a problem if you have jumped the gun and resigned and left your employment.

[mhib]

Hi Moderator,

Sorry to ask again. If I left my current tier 2 role and was intending to leave the country. Would I be able to use my 60 days curtailment period to do all the paperwork I need to depart and travel around the UK a bit?

Also, If i left my job and the visa was cancelled by my employer and I left the UK. Would I be able to re-enter as a tourist if I had a ticket booked out of the UK back to my home country (the idea is to leave my job, travel around the UK a bit and leave my stuff in storage, then go to europe and travel a bit then back to UK to fly off with all my things). Would you recommend I contact HO to confirm that before I leave?

Thanks alot for your patience.

[CR001]

Sorry to ask again. If I left my current tier 2 role and was intending to leave the country. Would I be able to use my 60 days curtailment period to do all the paperwork I need to depart and travel around the UK a bit?

Yes.

Also, If i left my job and the visa was cancelled by my employer and I left the UK. Would I be able to re-enter as a tourist if I had a ticket booked out of the UK back to my home country (the idea is to leave my job, travel around the UK a bit and leave my stuff in storage, then go to europe and travel a bit then back to UK to fly off with all my things). Would you recommend I contact HO to confirm that before I leave?

You might face difficulties in convincing the IO that you are a 'genuine visitor' if your previous visa was curtailed/cancelled and you try return as a tourist.

Are you no longer switching to a PBS Partner visa?

[mhib]

Unfortunately no, the nature of my job is very cyclic and it is in a dip now (for the next 12-18 months) and I am unhappy at my current role. I was hoping I would be able to remain if my partner found a sponsor (she has an offer) but it is not worth it if we start the 5 years ILR count from Zero.

So really the options I have are either bear with my current role for another 2 years (counting ILR processing time) or leaving the country, and the 2nd option seems to be the only realistic one.

[CR001]

ILR doesn't take that long to process and based on your previous topic in the ILR sub forum, you were looking to apply for ILR early next year and same day decision would give you exactly that, after which you are free to leave your employer.

You could of course find another sponsor if this was viable.

[mhib]

Sadly it did seem that i got confused about dates, and i will only be eligible for ILR early 2020 rather than next year. I have had about 4 employers contacting me but I only need to mention the words "tier 2 visa" for all of them to say, "we used to do it in the past but HR will not let us do it now because of how expensive and difficult it is". So not sure if anyone will bother with it.

Also, you have in credible memory about what people post. It is great to have you as the forum helpful moderator. I understand you are not paid to do this , so thank you very much for your time.