Applying in person SET(LR) Tier 2 Licence revoked

Hello Everyone,

I am asking this question on behalf of my friend.

He was on Tier -2 and his company license revoked last month. He is finishing his 10 years next month and already booked his appointment at PEO.

1) He didn't receive yet 60 days notice to find a new employer.
2) Does he get trouble at PEO when they ask for his current Leave or while checking his immigration history ?

Look forward to your kind suggestions.

Thanks

Your friend does not have any right to work for a sponsor when their license is revoked, so the 60 days period begins when the license was revoked.
Anything more than 60 days means that his continuous period of stay is broken and will not be eligible for SET(LR)

zimba88 wrote:Your friend does not have any right to work for a sponsor when their license is revoked, so the 60 days period begins when the license was revoked.
Anything more than 60 days means that his continuous period of stay is broken and will not be eligible for SET(LR)

Hi Zimba,
after 60 days from the revocation date is it like they are overstaying? though they didn't receive curtailment letter yet!

Thanks Zimba,

Now I want add one more point to his Immigration history.

Before he got Tier 2, He applied for Tier 4 student extension, while he was waiting for reply from HO his college licence got revoked. As soon he realised he informed the HO through his solicitor and asked permission to get an admission in new college but HO never replied back. While he was waiting his Tier 4 got refused as college is not the list and given appeal right. He was looking for new college but his solicitor advised him to make new application without COS and mention in the covering letter will submit as soon as he got from college and his application again refused stating NO COS attached. He got his COS from the college after he got decision so he made a new application with that COS and his Visa got approved.

Now the Question is, Is he overstay during that point until he got his Tier 4 extension ?

Look forward to your replies.

after 60 days from the revocation date is it like they are overstaying? though they didn't receive curtailment letter yet!

Not overstaying but the continuous period will be broken anyway after the 60 days. Curtailment letter is irrelevant
Your continuous period will be broken when your right to work for your sponsor ends (employment terminates, license revoked, etc) AND you do not get a new sponsor or switch to another category within 60 days. Remaining on that visa further is against the rules.

regularuser wrote:Thanks Zimba,

Now I want add one more point to his Immigration history.

Before he got Tier 2, He applied for Tier 4 student extension, while he was waiting for reply from HO his college licence got revoked. As soon he realised he informed the HO through his solicitor and asked permission to get an admission in new college but HO never replied back. While he was waiting his Tier 4 got refused as college is not the list and given appeal right. He was looking for new college but his solicitor advised him to make new application without COS and mention in the covering letter will submit as soon as he got from college and his application again refused stating NO COS attached. He got his COS from the college after he got decision so he made a new application with that COS and his Visa got approved.

Now the Question is, Is he overstay during that point until he got his Tier 4 extension ?

Look forward to your replies.

Yes, but periods of less than 28 days will be ignored for before sending an out of time applications (prior to 24 November 2016)

Your 60 days curtailment will start when you receive letter from UKVI, you can update your address if you change. Please check curtailment policy everything writen there . It's mean your 10 year long recidency not effect until you receive curtailment letter. If you have less then 6 month leave to remain then hopefully you will not receive curtailment letter

If you want to change employer then you have 60 days between pervious job and new job starting, you have to start new job within 60 days after your last job finish.


This information available in policy guidance . Please read your self .
I am not legal advisor so please check policy guidance on UKVI website.

Please check this document

https://www.gov.uk/government/uploads/s ... pdf#page29

Thank you for your valuable inputs.

My friend is still worrying about mentioned situation. He went to 3 solicitors and 2 said you are not overstay your visa and one of them said you are overstay between the period you received visa.

Any inputs Please

Your 60 days curtailment will start when you receive letter from UKVI, you can update your address if you change. Please check curtailment policy everything writen there . It's mean your 10 year long recidency not effect until you receive curtailment letter. If you have less then 6 month leave to remain then hopefully you will not receive curtailment letter

If you want to change employer then you have 60 days between pervious job and new job starting, you have to start new job within 60 days after your last job finish.


This information available in policy guidance . Please read your self .
I am not legal advisor so please check policy guidance on UKVI website.

Hi rizwanvu,

I have read the guidance but have a query which I could not find the answer to. You or other users might be able to answer and this should also help regularuser (so I`m not taking over his post). If the 60 day curtailment period starts when you receive the curtailment letter from UKVI, why does the starting date with the new sponsor have to be within 60 days from the finish date with the current sponsor?
My understanding is that you can make a new Tier 2 application anytime between finishing work at your current sponsor and the last day on the curtailment letter.

rchadha123 wrote:Hi rizwanvu,

I have read the guidance but have a query which I could not find the answer to. You or other users might be able to answer and this should also help regularuser (so I`m not taking over his post). If the 60 day curtailment period starts when you receive the curtailment letter from UKVI, why does the starting date with the new sponsor have to be within 60 days from the finish date with the current sponsor?
My understanding is that you can make a new Tier 2 application anytime between finishing work at your current sponsor and the last day on the curtailment letter.

Because a gap of no employment of 60 days or more can lead to the refusal of ILR but likely only affecting 5 year PBS route ILR.

Edited by CR001

Hello Everyone,

Friend of mine is not worried about 60 days because he is going for Set LR premium service. His only worried about gap between student extension refusal and approval as some solicitors telling him his overstay for around 200 days.

Thanks again

Hello everyone,

Today my friend went to the croydon PEO and after 4 hours wait HO refused his application on the basis that he overstayed his visa for more than 200 days but also given right of appeal.
Main reason for refusal is Overstayed after the Tier 4 application, As per case worker you made an out of time application. His solicitor thought that once he got his Tier 4 after 2 rejection his fine and not overstayed his visa.

Now they are planning to go for appeal but the question is
1) Refusal is right as per law or case worker made an error ?

Look forward to your replies.

You need to give the details and dates of his refusal and Tier 4 extension.
The overstaying period is only between section 3C being terminated and the date you apply for a fresh application.

See page 16 for examples: https://www.gov.uk/government/uploads/s ... ce-v14.pdf

Thanks Zimba,