When things are going well, the Tier 2 General Visa is a great option for those who are living and working in the UK, but there is a significant downside to working in the UK on a Tier 2 General Visa: you are always at risk from external factors. While this is true for almost any of the UK's visas, the Tier 2 General visa relies heavily upon your employment. In this article, we are going to look at some of the reasons why your Tier 2 General Visa may be curtailed and give you some practical advice on what to do.
As you will be keenly aware, the Tier 2 General Visa relies heavily upon your continued employment. If, for any reason, this employment is ended, your employer has to inform the Home Office within 10 days. After your employer contacts the Home Office, you will receive a letter from the Home Office informing you that you have 60 days (or the date on your visa if it is less than 60 days) to leave the country. This, of course, is a nightmare situation for Tier 2 General Visa holders who are currently living in the UK.
The reasoning for your employment ending will not make a difference to your rights. Your employment may be ended by you being dismissed, made redundant or you choosing to leave the business. Whatever the reasoning for your employment ending, your employer is duty-bound to inform the Home Office that your employment has ended. They must follow this process to comply with the requirements of their Tier 2 Sponsor Licence.
While the first scenario is bad enough, there is also the potential that you could lose your Tier 2 General Visa as a result of your employer failing to maintain their Tier 2 Sponsor Licence conditions. Through no fault of your own, you could potentially end up having your visa taken away due to non-compliance. Of course, there is little you can do to prevent this, but unfortunately, you could end up bearing the brunt. While these instances are rare, they do happen. Being prepared for this scenario could definitely help to reduce its impact.
This, of course, is going to depend heavily upon your employer. While this scenario conceivably could happen to any business of any size, it is certainly far more likely in companies without a dedicated HR department. Due to the nature of the Tier 2 Sponsor Licence, a more professional company with a dedicated HR department is far more likely to be compliant than one which is not. While,Ã‚ clearly, there is little you can do to affect whether or not your employer has a dedicated HR department, it may be worth bearing in mind if the employer's set up is a little less than professional, the chances of them losing their Tier 2 Sponsor Licence is higher. For prudence, it may be worth doing a very deep dive into your prospective employer before taking up employment with them.
If you are in the scenario where your employment has ended or your Tier 2 Sponsor Licence holder has had their licence revoked, you need to know what is going to happen next. As we said, in the event of your employment being ended, your employer is duty-bound to inform the Home Office within 10 days. Once they have received notice, the Home Office will then send you a curtailment notice which will layout how long you have to leave the country. This will generally be 60 days or the end of your visa, whichever is sooner.
In the event of your employer losing their Tier 2 Sponsor Licence, it is likely that the Home Office will inform you directly of your visa curtailment. In this instance, you will receive exactly the same amount of notice to leave the country as you would do if your employment had ended in any other fashion. You will receive either 60 days or until the end of your visa, whichever is shorter. This will be laid out to you in the curtailment letter.
At this point, you really do only have a few options. You can either choose to leave the country within the notice period, find a new job with an alternative Tier 2 Sponsor Licence holder or switch to an alternative visa. If you wish to discuss your options, give our experts a call today.
If you opt to leave the UK then it is important you understand there is a 12-month cooling-off period for Tier 2 General Visa holders. This means that you will not be able to apply for another Tier 2 General Visa for at least 12 months after your visa has finished. You may, however, apply for an alternative visa to come to the UK, but you must be aware that the 12-month cooling-off period also applies to certain other visa categories.
If you need more help and advice about what to do at the end of your Tier 2 General Visa then please get in touch. Our expert immigration lawyers can help you to understand your options. We offer a free, no-obligation consultation to give you a clear roadmap of your options.
It's a shame that you dont have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service. I would recommend them over and over again for anyone looking for an immigration advice. They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards.
I am glad that i instructed Reiss Edwards on my visa matter. It started with a 20 minutes free immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was relatively convinced he could win it. That made me quite secure. To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me.A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative. Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country. The process was long but was worth it. In the end, a big thank you to Reiss Edwards.
Investing over 2 million pounds is defintely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers that we'd be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind.
TI have just had British Citizenship application approved. Prior to making the application, i was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that i wasnt disappointed. The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not. At the end of the day, I have not received my British citizenship within 3 months. If anyone is looking for a good immigration lawyer to handle thier case, contact Reiss Edwards.
My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.We followed everything they asked us to do and in the end we won our appeal and got our spouse visa. We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them.
The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help.
I contacted Reiss Edwards to help me with my wife's UK settlement visa. They acted with utmost professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. He ensured that there was little to no room for error. At some point I thought he was over cautious. He remained calmed and continued to assure us on our immigration matter. Most people in his position would have panicked but he was calmed and continued to assure us. We received out positive outcome very quickly.
I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation.
Reiss Edwards is a top notch immigration service company. The way they handled our documentation and also the list of documents they sent was efficient and top quality. They helped us professionally throughout the process. We are very happy with the immigration advice we received from the team. We highly recommend them.
I used Reiss Edwards immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them.
This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again.
I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle.
My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team.
530 ReviewsREAD ALL REVIEWS