How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10595
Experience:  Barrister 17 years experience
53108719
Type Your Law Question Here...
Buachaill is online now

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: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year 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 1 year ago.

2. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

Buachaill and other Law Specialists are ready to help you