FLR TO TIER 2 COOLING OFF ADVICE

Dear All,

I would be very grateful for your kind help and advice with regards to my current situation as stated below.

1. I entered UK in August 2016 with a 3-year Tier 2 Visa (July 2016 to July 2019).
2. The certificate of sponsorship was withdrawn in June 2018 leaving me with the 21st of August as the date of curtailment.
3. Being a renal dialysis patient and have undergone extreme personal and financial hardships due to my health (dialysis, a failed renal transplant, multiple hospitalizations which even led to bitterness amongst my family), I spent the following two months trying to find a new employment whilst coping with my health. I had 4 hospitalizations for 4 procedural attempts at getting a permanent access (fistula/graft) between July and August 2018 which left me with no physical or mental capacity to think beyond employment options to be able to live and work in the UK.
4. On suggestions from friends, I sought legal advice and learnt about FLR on medical grounds.
5. We made the application on the 4th of September 2018 which happened to be the 14th day from the date of curtailment.
6. I was advised that since I had received treatment back in my country, my FLR would probably not be granted, and that I should get employment so that I could get a tier 2 and continue to live in the UK.
7. Ever since, I have applied to many job vacancies and have been told outright on a couple of occasions that I could not be recruited due to my health conditions (unfortunately no one gave that in writing). I lost many opportunities due to lack of sponsorship.
8. The FLR application was rejected in March 2019, and we opted for the right to appeal.
9. Between hearings, I got a job offer, and the court ordered for our passports to be released to be able to apply for tier 2 Visa.
10. However when the third party sponsorer checked on the online portal, they were told I did not have the right to work.
11. The court then decided to wait longer to know the reason behind it as they felt we were under section 3c and that we should continue to have the right to work and all that we had under Tier 2.
12. There was no response received, and the court finally came to a conclusion that since my leave was curtailed before it could naturally expire, the 14 day period to appply after curtailment was not applicable to me, and thus, I had lost my rights. Thereby leaving me with no option of transiting from FLR to Tier 2. Also, there would be a 365 day cooling off period before which I could do that.
13. After having sought legal advice and going by their advice, and hanging on to hopes of continuing to live and work here in the UK, I am now having to go back home. It's distressing to think that had I received the right advice, I would have completed the cooling off period by now (September 2018-2019) and could have attempted at getting employment in the UK again.
14. With no financial means to pursue the FLR and also very faint hopes of it being successful, I have now withdrawn my appeal.

In this scenario, I would be very grateful if you could kindly advice on the actual cooling off period terms in my case. Does it start at 60 days from the date of curtailment as stated on one of the immigration and visa solicitors' website? Or will it start from the date I leave the UK?

Also, how long, in general, might it take for the passports to be sent to us now so that we could fly back at the earliest to avoid depending on kindness for our living, and is there any process that we would need to follow.

Your advice will help be a guiding light to me in my future applications, if at all I make any, as well as to many others who might be in similar situations.

I am very grateful for all your time and kind help.

Many Thanks,
Kind Regards,
Shankar

In this scenario, I would be very grateful if you could kindly advice on the actual cooling off period terms in my case. Does it start at 60 days from the date of curtailment as stated on one of the immigration and visa solicitors' website? Or will it start from the date I leave the UK?

It starts from the date your tier 2 expired, ie 21 August 2018.

Also, how long, in general, might it take for the passports to be sent to us now so that we could fly back at the earliest to avoid depending on kindness for our living, and is there any process that we would need to follow.

As you have withdrawn your appeal, you will be classed as an overstayer since 22 August 2018 (as you made an out of time application) and you will likely only get your passport back at the airport when you leave the UK. You would need to inform HO of your intended departure date.

The long period of overtay (and working if you did while having no legal status), could have an impact on being able to return.

Thank you for your kind response.

Our application were made by our solicitor, and all court proceedings were through him. At no point were we told that we would have no right to work. I had no employment but my wife did continue to work, and the court also at that point had felt that she had the right to work under section 3c as she was my dependent. It is all documented on emails.

It's all very scary at the moment. The solicitor has written to the home office regarding our request to relocate at the earliest. So hopefully that will be sorted soon.

Just to reconfirm, does it mean that the cooling off period has actually ended now (Aug 21st 2018 to 2019), and if I get an opportunity, can I apply for a tier 2 visa soon after relocation? No one seems to be sure about when the cooling off starts, and thus I am trying to get the right information to plan my future.

Regards,
SR