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MARTINT330
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My girlfriend in currently in london, and is on tier - 2

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Hi my girlfriend in currently in london, and is on tier - 2 visa.
she resigned her job on may 5th 2022, and now in the process of getting offer letter and transition to a new employer.
I wanted to know that what are the deadlines and 60 day rule, before she has to leave the country.
60 days will end on 5th of July 2022, what should we do, as the process of offer letter and changing of the employer tier - 2 is taking time, and we are not sure if we could get it done before 5th of July. please let us know.

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.

Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

Customer: replied 14 days ago.
that's all

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.

Is there anything else I can help with today?

Customer: replied 14 days ago.
she has not received the letter from the home office till now

Unfortunately I am unavailable for a call at the moment however one of my colleagues will be able to arrange a call.

Customer: replied 14 days ago.
we are not sure when does the 60 days start, do they start when we resign from a company or once we receive the letter of curtailment from the home office.
Customer: replied 14 days ago.
please let me know the timing when I can connect with one of your associates
Customer: replied 14 days ago.
is there an online way to confirm when does the 60 days start ? because we are unsure that the mail got delivered to the correct address or not or it got misplaced?

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.

Customer: replied 14 days ago.
ohh that's a great inforamtion. thank you so much. it brings a lot of relief
Customer: replied 14 days ago.
also, another question. is it leagal for her to start her own business in London being on tier - 2 visa

Yes, it is legal. Supernumerary work allows individuals who hold a skilled worker visa to run their business provided it is:

    • Fewer than 20 hours per work; and
    • In the same category as the business, they already work in


    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

    Customer: replied 14 days ago.
    okay got it
    Customer: replied 14 days ago.
    also, if someone needs to get on tier-2 visa who is an indian citizen, what is the process, for it. can anybody apply for tier - 2 visa provides the company is willing to provide for the offer letter?
    Customer: replied 14 days ago.
    i am currently lviing in usa on f1 student visa, and am a indian citizen, so wanted to know the process just for information .

    To qualify for a Skilled Worker visa, you must:

    • work for a UK employer that’s been approved by the Home Office
    • have a ‘certificate of sponsorship’ from your employer with information about the role you’ve been offered in the UK
    • do a job that’s on the list of eligible occupations
    • be paid a minimum salary - how much depends on the type of work you do

    Customer: replied 14 days ago.
    that's great
    thanks

    No problem. Thank you for your enquiry today. Please do not hesitate to contact us if you have further enquiries in the future. We are always happy to help.

    MARTINT330 and 3 other Law Specialists are ready to help you
    Customer: replied 14 days ago.
    thanks
    Customer: replied 14 days ago.
    also, one last question:
    for the ILR 5 years duration, does this gap period of 2 - 3 months, when she doesn't have a job get's uncounted. or does it lead to re-start the 5 year duration count with every job switch that she makes.

    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.