samills610

Admittedly more suitable for a non-British Expats forum but thought somebody may be able to provide the quick confirmation here on a subject that I know nothing about

Wife's tier 2 visa ends at end of October but her resident permit says end of November. This is in line with gov.uk under "How Long Can I Stay?" - "You can come to the UK with a Tier 2 (General) visa for a maximum of 5 years and 14 days, or the time given on your certificate of sponsorship plus 1 month, whichever is shorter."

Does this mean then that she cannot work a day past the visa date, but is free to remain in the country for the remaining 1 month? What would happen if she left the country and returned in that 1 month period? She was planning on leaving the country before the visa expired however something has come up in the UK/Europe and so would be good to be able to stay for a few extra weeks

Many thanks in advance

BritInParis

Her BRP is her visa - where are you getting the earlier date from?

Will she have spent five years on a Tier 2 (General) visa come November?

samills610

OK interesting about the BRP is the visa. No she has only spent 3 years as it was a 3 year visa. So now the question is not only when can she stay in the country until, but how late can she work until as well.

She entered the UK at the end of October (2015) which is why we thought the visa was only valid until the end of this October - but I had never read the text I quoted above about being able to stay in the country for the length of the visa + 1 month. And now her company (Global big 4 consultancy firm - with large internal immigration team) have highlighted to her that her visa is only valid until End of October as they plan her departure from the business, which further established this view. But her BRP definitely says end of November.

Admittedly I have paid very little attention to this area as it was never of importance to us before, but it appears I may now need to learn a little bit more about it.

BritInParis

If her CoS expires at the end of October then that's probably where the employer is getting that date from. If they want her gone by the end of October but her BRP is valid until the end of November then I would treat it as a holiday. She can come and go until her BRP expires.

samills610

ah, so the CoS could actually be different than the Visa/BRP? Hence the difference between being able to work for the sponsoring company and be in the country?

Good to know she can leave during this period.

Thanks a lot!