Work allowed for 60 days after visa curtailment

wahi66 · Post by **wahi66** » Sat Nov 10, 2018 1:53 am

Hello guys

any one knows this about this situation?

can a student continue work during 60 days of curtailment of the tier 4 visa if issued??
A PHD final year tier 4 student is going to get visa curtailment after university going to report the interruption of the study next week due to unable to pay fee for this year. The person is also married to british national and have british child and going to switch the visa from tier 4 to FLR (M) at premium service in couple of weeks time.

regards

sah10406 · Post by **sah10406** » Sat Nov 10, 2018 9:02 am

wahi66 wrote: ↑
Sat Nov 10, 2018 1:53 am
can a student continue work during 60 days of curtailment of the tier 4 visa if issued??

In your case, no. See https://www.ukcisa.org.uk/Information-- ... layer-3763

SamTiger · Post by **SamTiger** » Sat Nov 10, 2018 9:28 pm

Shown are the excerpts from a curtailment letter:

*********************
"..... you have been excluded or withdrawn from your course of studies, as notified by your Tier 4 sponsor, your leave is curtailed under paragraph 323A(a)(ii)(2) of the Immigration Rules until .....(dd/mm/yy).....

Before your current leave to enter or remain expires you must either leave the United Kingdom or submit a fresh application for leave to remain.

You are not required to leave the United Kingdom as a result of this decision. You still have
leave to enter or remain where your current conditions continue to apply until .....(dd/mm/yy)..... "
*********************

dd/mm/yy refers to the date mentioned in your letter. Your CURRENT CONDITIONS continue to apply till that date.

You have said the person is married to a British national, if so he/she may be eligible for a spouse visa.

Check https://www.gov.uk/apply-citizenship-spouse and you will find numerous info online for spouse visa.

sah10406 · Post by **sah10406** » Sat Nov 10, 2018 10:15 pm

SamTiger wrote: ↑
Sat Nov 10, 2018 9:28 pm
Your CURRENT CONDITIONS continue to apply till that date.

They do, but the work condition requires the Tier 4 migrant to be studying their course or in a vacation, which OP is not. See the Home Office guidance on "Employers' Right to Work checks", page 32, linked from the UKCISA guidance I have cited above:

4. The migrant has stopped studying – If the migrant has stopped studying before they complete their course (whether they have withdrawn themselves or been withdrawn by their education sponsor) they are no longer following the course of study and will therefore be in breach of their immigration conditions if they work, even if they still have permission to be in the UK. You should not employ them. The only exception to this will be if the criteria in the ‘student is in the process of changing their sponsor’ scenario (above) are met.

wahi66 · Post by **wahi66** » Sun Nov 11, 2018 12:40 am

sah10406 wrote: ↑
Sat Nov 10, 2018 10:15 pm

SamTiger wrote: ↑
Sat Nov 10, 2018 9:28 pm
Your CURRENT CONDITIONS continue to apply till that date.
They do, but the work condition requires the Tier 4 migrant to be studying their course or in a vacation, which OP is not. See the Home Office guidance on "Employers' Right to Work checks", page 32, linked from the UKCISA guidance I have cited above:

4. The migrant has stopped studying – If the migrant has stopped studying before they complete their course (whether they have withdrawn themselves or been withdrawn by their education sponsor) they are no longer following the course of study and will therefore be in breach of their immigration conditions if they work, even if they still have permission to be in the UK. You should not employ them. The only exception to this will be if the criteria in the ‘student is in the process of changing their sponsor’ scenario (above) are met.

The changing scenario apply on this case as the new application for spouse visa FLR (M) has been booked in two weeks. Moreover the sponsor university is going to report the change in circumstance on coming Monday or Tuesday.

wahi66 · Post by **wahi66** » Sun Nov 11, 2018 12:45 am

Basically, for spouse visa the income is coming from both partners to complete the £18,600 threshold. so if the visa curtailment letter is issued before the date of appointment then what will be the position of the income statement???

wahi66 · Post by **wahi66** » Sun Nov 11, 2018 12:48 am

SamTiger wrote: ↑
Sat Nov 10, 2018 9:28 pm
Shown are the excerpts from a curtailment letter:

*********************
"..... you have been excluded or withdrawn from your course of studies, as notified by your Tier 4 sponsor, your leave is curtailed under paragraph 323A(a)(ii)(2) of the Immigration Rules until .....(dd/mm/yy).....

Before your current leave to enter or remain expires you must either leave the United Kingdom or submit a fresh application for leave to remain.

You are not required to leave the United Kingdom as a result of this decision. You still have
leave to enter or remain where your current conditions continue to apply until .....(dd/mm/yy)..... "
*********************

dd/mm/yy refers to the date mentioned in your letter. Your CURRENT CONDITIONS continue to apply till that date.

You have said the person is married to a British national, if so he/she may be eligible for a spouse visa.

Check https://www.gov.uk/apply-citizenship-spouse and you will find numerous info online for spouse visa.

This would be the best scenario if true as the premium appointment is booked after two weeks. but if not then what will happens with income threshold?? right now both partners showing their combine income to meet 18600

sah10406 · Post by **sah10406** » Sun Nov 11, 2018 10:27 am

wahi66 wrote: ↑
Sun Nov 11, 2018 12:40 am
The changing scenario apply on this case as the new application for spouse visa FLR (M) has been booked in two weeks.

I think you may have not read the Home Office guidance for employers, only my brief quote from it. The scenario "Student is in the process of changing their sponsor" has nothing to do with your situation. It is very clear that an employer cannot employ you under the Tier 4 work conditions with your curtailed leave.

Given this confusion, and the contradictory and unsourced amateur advice you are getting here about your work rights, I strongly recommend professional advice on your new application and on your immigration conditions during the application period.

If you wish to post questions here about your new family-based application, please post in the relevant forum, not this Tier 4 forum:
immigration-for-family-members/

wahi66 · Post by **wahi66** » Mon Nov 12, 2018 1:47 am

sah10406 wrote: ↑
Sun Nov 11, 2018 10:27 am

wahi66 wrote: ↑
Sun Nov 11, 2018 12:40 am
The changing scenario apply on this case as the new application for spouse visa FLR (M) has been booked in two weeks.
I think you may have not read the Home Office guidance for employers, only my brief quote from it. The scenario "Student is in the process of changing their sponsor" has nothing to do with your situation. It is very clear that an employer cannot employ you under the Tier 4 work conditions with your curtailed leave.

Given this confusion, and the contradictory and unsourced amateur advice you are getting here about your work rights, I strongly recommend professional advice on your new application and on your immigration conditions during the application period.

If you wish to post questions here about your new family-based application, please post in the relevant forum, not this Tier 4 forum:
immigration-for-family-members/

ok sorry if this is not the right forum.

wahi66 · Post by **wahi66** » Mon Nov 12, 2018 10:13 am

@CR001
@sah104006

Please check here @sah10406 is advising to have this topic discus in the family section.

wahi66 · Post by **wahi66** » Mon Nov 12, 2018 10:16 am

sah10406 wrote: ↑
Sun Nov 11, 2018 10:27 am

wahi66 wrote: ↑
Sun Nov 11, 2018 12:40 am
The changing scenario apply on this case as the new application for spouse visa FLR (M) has been booked in two weeks.
I think you may have not read the Home Office guidance for employers, only my brief quote from it. The scenario "Student is in the process of changing their sponsor" has nothing to do with your situation. It is very clear that an employer cannot employ you under the Tier 4 work conditions with your curtailed leave.

Given this confusion, and the contradictory and unsourced amateur advice you are getting here about your work rights, I strongly recommend professional advice on your new application and on your immigration conditions during the application period.

If you wish to post questions here about your new family-based application, please post in the relevant forum, not this Tier 4 forum:
immigration-for-family-members/

Now i have been asked not to repeat the question in the right form

so what should i do now??

immigration-for-family-members/can-you- ... 67700.html

@cr001
@sah10406

sah10406 · Post by **sah10406** » Mon Nov 12, 2018 10:37 am

wahi66 wrote: ↑
Mon Nov 12, 2018 10:13 am
@CR001
@sah104006

Please check here @sah10406 is advising to have this topic discus in the family section.

As with your approach to the Home Office guidance, you seem to read very selectively and carelessly! I did not suggest you repost your Tier 4 work question in the family forum. That would make no sense, especially as your question has already been answered above. What I said was:

sah10406 wrote: ↑
Sun Nov 11, 2018 10:27 am
If you wish to post questions here about your new family-based application, please post in the relevant forum, not this Tier 4 forum:
immigration-for-family-members/

wahi66 · Post by **wahi66** » Mon Nov 12, 2018 10:44 pm

sah10406 wrote: ↑
Mon Nov 12, 2018 10:37 am

wahi66 wrote: ↑
Mon Nov 12, 2018 10:13 am
@CR001
@sah104006

Please check here @sah10406 is advising to have this topic discus in the family section.
As with your approach to the Home Office guidance, you seem to read very selectively and carelessly! I did not suggest you repost your Tier 4 work question in the family forum. That would make no sense, especially as your question has already been answered above. What I said was:

sah10406 wrote: ↑
Sun Nov 11, 2018 10:27 am
If you wish to post questions here about your new family-based application, please post in the relevant forum, not this Tier 4 forum:
immigration-for-family-members/

ok got it thanks. I thought you refer the spouse visa combined income question to the family forum.

wahi66 · Post by **wahi66** » Mon Nov 12, 2018 10:46 pm

booked appointment with one of the family lawyer meanwhile i ll request anyone who may be in this situation??

wahi66 · Post by **wahi66** » Mon Nov 12, 2018 10:47 pm

The Scenario:

can a student still continue work 20 hours during 60 days of student visa curtailment?? (not issued yet)
A PHD final year tier 4 student is going to get visa curtailment after university going to report the interruption of the study next week due to unable to pay fee for this year.

The person is married to british national and have british child and going to switch the visa from tier 4 to FLR (M) at premium service.

So the important question is, the combined income still be valid to meet the threshold??

sah10406 · Post by **sah10406** » Tue Nov 13, 2018 9:26 am

wahi66 wrote: ↑
Mon Nov 12, 2018 10:47 pm
can a student still continue work 20 hours during 60 days of student visa curtailment?? (not issued yet)
A PHD final year tier 4 student is going to get visa curtailment after university going to report the interruption of the study next week due to unable to pay fee for this year.

Already answered above, with reference to the Home Office guidance on the matter.

if you have stopped studying, whether or not you have received a curtailment letter, you are obliged to report this change of circumstances to a current employer.

You appear to want a different answer, and maybe you will get one but it will not be correct!

wahi66 · Post by **wahi66** » Tue Nov 13, 2018 11:47 pm

Okay so i read the whole guidelines but i could not find answer for that if the student switches from T4 to spouse visa then what will happened to the combine income for both partners?? will it be valid still or not??

P:S the november payslip is already issued on the first week of the month.

sah10406 · Post by **sah10406** » Wed Nov 14, 2018 10:06 am

wahi66 wrote: ↑
Tue Nov 13, 2018 11:47 pm
Okay so i read the whole guidelines but i could not find answer for that if the student switches from T4 to spouse visa then what will happened to the combine income for both partners?? will it be valid still or not??

P:S the november payslip is already issued on the first week of the month.

If you are not clear what is required for the family visa application, I recommend professional advice. The fact that you are switching from Tier 4 is not relevant.

wahi66 · Post by **wahi66** » Wed Nov 14, 2018 12:07 pm

I met one of the family law solicitor and instead giving info he was more keen to take the case rather first satisfied me about the home office rules and guidelines. He was like its little complex case and we have seen many but dont worry we know how to handle. and when i ask how then he said this is my job how i do it.
Can you believe it.
I felt like i am taking his secrets and then gonna open a office just opposite of him to take over his all business.

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Work allowed for 60 days after visa curtailment

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