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Buachaill
Buachaill, Barrister
Category: Law
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Experience:  Barrister 17 years experience
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I am a U.S. Citizen presently in the UK on a 5-year Tier-2

Resolved Question:

I am a U.S. Citizen presently in the UK on a 5-year Tier-2 (General) Migrant Visa. My employer in the UK is terminating my contract early (after 1.5 years) due to a company restructure. I have several questions regarding this:
1. How long of a window do I have to transfer my Tier-2 Visa to another employer from the termination date of my present employer?
2. If I am enable to find a suitable opportunity to convert my Tier-2 to a different employer, how long can I stay in the UK (whilst not working) beyond the termination date, in order to wind down my commitments in the UK?
3. If I am unable to find employment before the current Tier-2 transfer window expires, am I then subject to the 1-year cooling off period even though the Tier-2 was terminated prior to the original 5-year term?
Thank you in advance.
Submitted: 4 months ago.
Category: Law
Expert:  Buachaill replied 4 months ago.

1. Dear *****, firstly, you have a 56 day period during which you can transfer to a Tier 2 visa with another employer. However, here, the new visa application should be made during that period and the new one start before the end of the 56 day period. Secondly, you only have a 30 day period during which you can stay in the UK after the end of the Tier 2 visa you are on. AFter that date, you become an overstayer and are liable to have deportation papers served on you. Thirdly, I regret to say that just because your Tier 2 visa was prematurely ended, this does not exempt you from the one year cooling off period which such visa holders are subject to. So, even though the full five year period was not the full period of employement, you still attract the application of the one year cooling off period.

Expert:  Buachaill replied 4 months ago.

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Buachaill, Barrister
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Experience: Barrister 17 years experience
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