You get a Tier 2 visa when you are offered a skilled job in the UK. You get sponsorship from your employer in the UK and then you can apply for a Tier 2 visa and work in the UK. When you get a job through sponsorship on Tier 2 visa you can stay in the UK for a time period that is mentioned on your certificate of sponsorship and 1 month extra or for a maximum period of 5 years, whichever is shorter.
But what if your employment terminates earlier?
Do you have to leave the UK early then?
Well, if your job gets terminated because of resignation, dismissal, redundancy or for any other reason then your leave to enter or remain in the UK is curtailed. Now your leave to be in the UK gets shortened by 60 days or until the end of your Tier 2 visa, whichever is the shortest.
What to do when a Tier 2 visa termination happens?
If your sponsor ends your contract then they have to report it to the Home Office within 10 days of your last work date. They also need to inform your last known address to the Home Office. Now the Home Office should send you or your employer the curtailment letter.
After you get the curtailment letter from Home Office, you have 60 days or until the end of your visa within which you can either get a new sponsor or move to another immigration category or leave the country.
Making a new job application
You can apply for a new job in the UK and if you find another sponsor then you can apply for UK Tier 2 Visa again. This means that your new employer will offer you a certificate of sponsorship to sponsor your visa application. So, your employer must have sponsor license but if they don’t have it then they need to get it by making application for sponsor license and then only they can offer you a new job which has to pass the Resident Labor Market Test. All this needs to be done within 60 days.
Now until you get a new job and your new UK Tier 2 visa application is successful, you must support yourself financially during this time.
This is another option when your employment is terminated and your leave is curtailed. You can do switch to different visa category if you find that applying for a new Tier 2 visa is not a viable option for you. You can switch to a Tier 1 visa, family visa, and Tier 4 Student Visa.
Leaving the country
If you don’t find a new visa then you will have to leave the UK within a given time period. Now if you want to apply again for a Tier 2 visa or for a different visa from your country then you can do it only after a 1-year cooling period.
You can also leave the UK if you have been offered a new job somewhere else in the world. In this case, when you resign, you need to meet some responsibilities towards your sponsor. And you should send a copy of resignation to the Home Office which should include your leaving date.
When you experience a Tier 2 Visa termination of employment, this may be a stressful time for you. So, you should follow the rules of the Home Office in such situation and for this, you must seek expert advice. For this, you can contact us to get the best expert advice from our experienced immigration lawyers on 02034111261.