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Switch to another employer, but with a gap

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

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LivelySnorlax
Newly Registered
Posts: 1
Joined: Mon May 16, 2022 5:05 pm
United Kingdom

Switch to another employer, but with a gap

Post by LivelySnorlax » Mon May 16, 2022 5:20 pm

Hello,

So I'm on a Skilled Worker visa and considering switching to another employer. However, there is a post termination clause that prevents me from being "materially involved" with competitors for a few months after my termination.
What is my allowance for staying in the UK while I am between my jobs?

My current understanding is that I receive 60 day allowance to leave the UK after my current visa is curtailed. During this period, I can apply for a new Tier2 visa (up to 3 month in advance) and can start my residency up to 1 month in advance of the first day of employment. What is not clear to me is my right to reside while my new visa application is being considered. If I'm entitled to this, this adds up to 5 months of permitted gap, correct? If I'm not, can I make it 4 months by staying till the end of my 60 period (during which I receive my new visa), then leaving the country for a 30 day break, and then moving back 1 month before I start my new job?

I'd greatly appreciate any suggestions that you may have.

ywlgy
Senior Member
Posts: 650
Joined: Mon May 03, 2021 5:05 pm
United Kingdom

Re: Switch to another employer, but with a gap

Post by ywlgy » Mon May 16, 2022 11:16 pm

Theoretically, you can have at least 5 months gap. UKVI will not send out curtailment letter that fast, so you should get 2+ months from it. After getting the letter, ask the new employer to put work start date on CoS to curtailed visa end date+3 months. You can also squeeze out some days by delaying biometrics because only the application submission date has to be before visa expiry (do not select using the app when applying)
DISCLAIMER: Advice given is based on my past experience and/or my interpretation of Immigration Rules and UKVI documents.

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