How to terminate a UK tier 2 visa?

Question

I am a UK tier 2 visa holder from the US. I am considering leaving my job and returning to the US. From my understanding this will cause the UKBA to curtail my leave

222. We will curtail your leave in the following circumstances:

If you fail to commence working for your sponsor; or

If you cease to be employed by your sponsor.

Do I simply give notice to my employer and wait for the notice from the UKBA that my leave has been curtailed and I have 60 days to get out? I would still like to be able to visit the UK as a tourist in the future and do not want a "black mark" on my immigration history.

Answer 1

You are on a T2 and want to resign from your employer and return to the US.

You do not have to wait until the notice of curtailment, and your history looks better if you do not require them to go through this step.

To play it strictly by the book, you would send your employer a resignation. At the same time, send UKVI the resignation along with a cover letter entitled "Notice of Variation" (or something similar). Include in the letter your proposed departure date. Then pack up and leave. Keep a copy of everything, including a print-out of this thread.

You will be able to visit the UK again, or even get another T2. This sort of thing happens all the time.

Answer 2

Employment law is a very large field. The first thing to do is to check your employment contract to see what it says re. termination and whether your employer complied with it. It seems that you have been summarily dismissed. You should receive a letter from the employer giving the reasons, payments due, etc.

You are eligible to switch from T2G to T1 (Entrepreneur), read the policy guidance: http://www.ukba.homeoffice.gov.uk/sitec ... dance1.pdf

When your employer informs UKBA of the termination, which they are obliged to do within 10 days, UKBA will curtail your leave to 60 days from the time they make their decision to curtail (Note: not from the date of termination).

Your current leave and multiple entry clearance have been based on your specific employment as a T2G migrant for which you had a CoS. Since you are no longer employed you should not travel and seek re-entry to the UK using your present BRP.