Start typing and hit "Enter" to search.
immigration solicitors near me

What's The Validity Of My Tier 2 Visa If I Resign?

A Tier 2 General Visa is ideal for those who are looking to come to the UK to live and work, but what happens if you need or want to leave your current employer? Clearly, as you are tied to your employer for your visa, there are going to be some repercussions should you choose to move on. In this article, we are going to look at the repercussions of resigning from your job as a Tier 2 General Visa holder. We will look at your options and offer some alternatives if you wish to leave your job but stay in the UK.

Notice Period

Your notice period for your current job will be defined by the employment contract you have with them. In the vast majority of cases, this period is 1 month. To satisfy the rules attached to the Tier 2 General Visa, you must wait until you have your new Biometric Residence Permit before starting your new job. Due to the time required to gain a new Biometric Residence Permit and the mandatory notice period you have to give to your current employer, it can take quite a while for you to switch jobs.

As your work visa is tied to your current employer, theoretically you could have problems as you near the end of your time with them. While highly unethical, it is not unheard of for there to be issues at the end of a period of employment for Tier 2 General Visa holders.

Switching Employers

In the majority of cases, the best way to handle the situation, if you want to leave your employer but remain in the UK, is to gain another job with a Tier 2 Sponsor Licence holder. You are able to switch employers at any stage on a Tier 2 General Visa but you have to apply for a new visa after receiving a new Certificate of Sponsorship from your prospective employer. You will need to apply for a new Tier 2 General Visa in exactly the same way you applied for your original one.

Once you have received your new visa, you will need to wait until the start date on your Certificate of Sponsorship (and receive your Biometric Residence Permit) to start your new role. In an ideal world the gap between jobs would be as small as possible to avoid any future issues.

See also 'How switching companies can affect Tier 2 visa sponsorship' here.

Leaving The Country

If you choose to leave your employer without a replacement visa then you will have to leave the country. There is little in the way of options for those who have no visa. Of course if you have gained Indefinite Leave to Remain, you will not need another visa but otherwise you will need to leave the country within 60 days or the end date on your visa, whichever is earlier. As well as having to leave the country, you will also have to wait for 12 months before applying for another Tier 2 Visa.

If you are looking for alternatives then you will likely need to find a new Tier 2 Sponsor Licence holder to apply for a new Tier 2 General Visa or find an alternative visa route to stay in the UK. You can also use this Tier 2 Job search tool to look for companies providing sponsorship.

Related article: Read also 'How to find sponsor licenced employers in the UK'

Appeals

In the case of your resignation and not having a replacement visa, you will need to leave the country. Your employer has 10 days to inform the Home Office that your employment has ended. Shortly after your employer has informed the Home Office, you will receive advice from them stating you must leave the country within 60 days or by the end date on your visa (whichever is earlier). You may be wondering about your options to appeal, but it is often far easier to spend your remaining time looking for a new job and maintaining your conditions that way.

Getting More Help

If you need help with what to do after leaving your Tier 2 Sponsor Licence holder then please get in touch. Often people feel like they have no options, which is rarely the case. Call today for a free, no-obligation consultation with one of our experienced immigration solicitors to help you to decide on your next step.

Related articles

What to do if more than one company issuses certificate of sponsorship to a Tier 2 migrant - Expert advice

Benefits of having a sponsor to live and work in the UK

Get In Touch


Some of our Happy Client
  • immigration solicitors near me
  • immigration solicitors near me
  • immigration solicitors near me
  • immigration solicitors near me

Reiss Edwards Awards

immigration solicitors near me
immigration solicitors near me
immigration solicitors near me
immigration solicitors near me
immigration solicitors near me
immigration solicitors near me
ACQ5 Awards Award immigration solicitors near me
Lexis Nexis immigration solicitors near me
Three Best Rated immigration solicitors near me
Department For International Development immigration solicitors near me
University Of Cambridge immigration solicitors near me
Lexology Legal Influencers immigration solicitors near me

O.L

Andy Tieu is absolutely amazing.

As a lawyer myself I can categorically say that he knows his stuff, gentle, responsive, cares about you and not just about the money, very professional.
I mean I can go on and on!

Andy and the entire team at Reiss Edwards are amazing!

Thanks again Andy.

Kiran Sardar


I found Joe very helpful and tremendous patience which is a must in this professional as there are lots of emotions always involved in each and every case.

The way they dealt with my case during COVID19 Situation is highly appreciable. I would definitely recommend Joe D. and Anna F. Anna is an amazing lady, her patience is beyond my words.

Her hard work and professionalism have no boundaries. She is the right person for all type of cases.

Thanks to Anna and Joe for all your support and guidance which helped me fulfill my dream.

I would say Reiss Edwards is lucky to have Joe D. and Anna F. Great job Reiss Edwards.

thanks once again. Anna you’re a Gem and a Star.

Cheyam Shaked

"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was outstanding. Handling the case with constant correspondence over a lengthy, lockdown delayed 7-month application process. Her expert advice guided us successfully through some difficult times as a result of COVID-19. Some of the best service I have received for any service ever! Often replying to emails late at night, offering to send additional correspondence to the home office and going above and beyond in handling our case! Well done and thank you Reiss Edwards and thank you Anna!!".

Isaac .T

"Professional service. I was very impressed with the fact that my ILR application was successful 6 weeks after the submission amidst the COVID-19 pandemic. I also think the portfolio put together by the team at Reiss Edwards has played a big part in the quick turnaround of my application".

Reiss Edwards Reviews

O.L

"Andy Tieu is absolutely amazing, as a lawyer myself I can categorically say tha...

Read More

Kiran Sardar

"I found Joe very helpful and tremendous patience which is a must in this profes...

Read More

Cheyam Shaked

"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was ou...

Read More

Isaac .T

"Professional service. I was very impressed with the fact that my ILR applicatio...

Read More
Back to Top