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Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.
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If she's on a Tier 2 Visa or Skilled Worker Visa and has lost her job, it is the responsibility of her employer to inform the Home Office. They will need to inform the Home Office within 10 days of her final work date. The Home Office will then send a letter to your girlfriend detailing the curtailment of leave. For this, it is very important that the Home Office has up-to-date information on where your girlfriend lives so that the letter is sent to the correct address.
Once your girlfriend receives this letter, she will have 60 days or until the end of her visa to either make a new job application or leave the country.
If her 60-day leave runs out, she must leave the UK and reapply from her home country. When applying for a Tier 2 Visa, she has a one-year cooling-off period. This means that if she wants to return to the country to work, you'll have to either wait a year or enter on a different visa type.
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This 60 days is counted from the date of the Home Office curtailment letter is issued. It may take the Home Office between a few weeks to a few months or sometimes over half a year to issue such a letter.
The UKVI will normally notify you by email if your visa has been curtailed and will also send a letter if they hold a UK address for you.
Yes, it is legal. Supernumerary work allows individuals who hold a skilled worker visa to run their business provided it is:
It is therefore theoretically possible to start up your own business, provided it is within stipulated hours and a business similar to the one you already work in. For full guidance please see the UKVI guidance
To qualify for a Skilled Worker visa, you must:
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The time spent will only be recounted if she moves out of the UK before completing the 5-year period and return at a later date. However, if she continues to stay legally in the UK even during the time she's unemployed, then it's still counted as long as her visa is valid.