Tier-2 to Tier-2 Job Change, Dependents' Visa Curtailed

[iahsan]

Thanks a lot sushdmehta.

In that case is there any option to challenge a HO decision that doesn't make you an overstayer till the end of the challenge?

[manibest]

Hi

I am on Tier 2 General and I have two dependents. My (and my two dependents') current leave is until Feb 2018 which completes my maximum duration of 6 years under Tier 2 General.
I am changing my employer and will be applying for Tier 2 General again for new employer.

Question:

If I am granted with Tier 2 General for my new sponsor and it expires before Feb 2018 (which is when my current Tier 2 expires), does it mean that my visa duration has been curtailed? and does my both dependents need to reapply for PBS Dependent in this case?

Regards

[geriatrix]

@iahsan,

Did you try writing back to the curtailment team pointing out that the decision to curtail leave was unlawful, reflected incomepetence of the decision-maker and that the decision must be overturned without delay?

and/or

Did you involve your MP?

No harm in doing both!

[vinny]

Try:

...
Both my client and I considered her best interests [time constraint] were best served by EMAIL —> MP —> UKVI. We had agreed to reduce the complexity of the matter and to omit mentioning the relevant rules, guidance and applicable cases and used instead such words: ‘incompetence in office’, ‘farce’, ‘cannot differentiate difference between canceled, curtail and superseded leave!’ ‘service of complaint to Parliamentary and health services ombudsman’. A bit extreme but it achieved the desired result.

[iahsan]

Thanks a lot vinny, sushdmehta,

I sent a reconsideration request in a letter via signed-for mail to two addresses on the letter and envelope. I know they were received but no response, it has been over 20 days.

I used very polite language in the letter 'request', 'most humbly', 'kindly consider' but it didn't even get a response

I am now in the process of finalising the judicial review pre-action plan document for a self-representation and send it both via email and signed for next day post. The quotes I have got from lawyers I can not afford that and even if I can there is no point in filing a JR if my dependents become illegal on Dec-12 with or without JR (as sushdmehta suggested) and there is no other option if the UKVI doesn't even respond.

I have never contacted MP so not sure how to do that but I will look it up now.

[iahsan]

In the letter I sent,
- I quoted the law and caseworker guideline references I could find (and vinny kindly provided).
- I mentioned that the dates in the letter are incorrect.
- I mentioned that the statement 'P's leave is being or has been curtailed' is not true and it never happened.
- I mentioned the instances I was personally advised otherwise by UKVI staff and the correspondence references vinny mentioned.
- I concluded that based on the above the curtailment seems to be incorrect and requested that it is reconsidered.

[iahsan]

Dear vinny, sushdmehta,

If I could I would hug you right now my dependents' leaves are reinstated.

So the summary was that no response to reconsideration request I sent in October, I asked lawyers for JR they were too expensive, so I read up on the law as much as I could in 3-4 days, completed a PAP representing myself, quoting laws pointed out by 'vinny' and some more and filed it via signed for on Nov 22, I got a signed for response this morning, with all dependent leaves reinstated and an apology.

I am still trying to believe it has happened, only I know how I have spent the past 6 weeks trying to raise 4K for the applications, I was even given a formal warning at my new job that my mind is somewhere else, yes it was but I was helpless.

All in all, can't believe it's happened, thanks a lot for your help and guidance. Though I sometimes wish this forum had a lawyers section where ppl can get paid advise or hire lawyers, sometimes the waiting for a response is agonizing.

Couldn't have done it without the support of this forum. Thanks.

[vinny]

Great news!

[geriatrix]

Yay!
Relief, finally!

[O_Relly]

It's amazing reading this thread. I am sure there is a high here leading the OP to what he rightfully deserved, and it's another thing that this forum makes it possible for people to help people who have no other connection whatsoever.

Congrats OP. Vinny, Geriatrix - What you folks are doing to the community is humbling!

Cheers.