Q&As

If an individual is on a Tier 2 (General) visa, leaves their role, has their leave curtailed to 60 days, and seeks a new sponsored role, can they rely on this 60-day period for the purposes of the continuous and lawful residence requirement for a subsequent application for indefinite leave to remain?

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Published on LexisPSL on 18/12/2019

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • If an individual is on a Tier 2 (General) visa, leaves their role, has their leave curtailed to 60 days, and seeks a new sponsored role, can they rely on this 60-day period for the purposes of the continuous and lawful residence requirement for a subsequent application for indefinite leave to remain?

A Tier 2 (General) migrant (the applicant) is required to comply with any conditions attached to their leave, examples of such conditions include no recourse to public funds and to primarily work for their Tier 2 (General) sponsor, as recorded on their Certificate of Sponsorship (CoS). Supplementary employment is permitted but in limited circumstances. See Practice Notes: Sponsored employee: applying under Tier 2 (General) and Conditions of permission to enter or stay in the UK.

Where the applicant will no longer work for their sponsor recorded on their CoS, they will no longer meet the requirements of a Tier 2 (General) visa. This is a common ground for mandatory curtailment under the Immigration Rules, Part 9, para 323A(i)(2). Curtailment is the method by which the Secretary State for the Home Department shortens the existing leave of persons already in the UK. Leave is either curtailed with immediate effect or the remaining period of leave is shortened, usually to a period of 60 days. See Practice Notes: Changes of circumstances and Dealing with curtailment and cancellation. The Home Office’s policy is to usually curtail leave to 60 days for Points-Based System migrants, unless an exception applies (eg where their intention is not to return to the UK such as voluntarily departing from the UK). This is confirmed in the Home Office guidance (see page 58).

Where leave

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