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Tier 2 Curtailment - Urgent advice needed

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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pgusakov
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Tier 2 Curtailment - Urgent advice needed

Post by pgusakov » Wed Dec 23, 2015 11:57 am

Please help!

My Tier 2 Visa has been curtailed and I received a letter from Home Office where they say they my visa now expires on 8 February 2016. I am currently in the process of interviewing with another company and they said that they will make a decision on whether they will sponsor me in the beginning of January.

The question is as follows: can I re-enter the UK if I leave for a holiday given that I will have an offer from the new employer? For example, lets say I am leaving the UK now and coming back in 2 weeks with the offer and new COS from the new employer to apply from the UK for a new visa - will immigration officer allow me to enter the country? My main concern is once you left the UK after the curtailment you are not allowed to re-enter the UK... Will the offer letter and new COS have any impact on that?

Many thanks in advance for you help!

Kind regards,
Petr

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CR001
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Re: Tier 2 Curtailment - Urgent advice needed

Post by CR001 » Wed Dec 23, 2015 12:27 pm

There have been members posting in the last couple of months who were refused re-entry when returning from a holiday while in their curtailment period even though they had a new sponsor but had not applied for the new visa as yet.

I would suggest you either apply for a new visa before you travel or delay your travel.
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pgusakov
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Re: Tier 2 Curtailment - Urgent advice needed

Post by pgusakov » Wed Dec 23, 2015 12:40 pm

CR001 wrote:There have been members posting in the last couple of months who were refused re-entry when returning from a holiday while in their curtailment period even though they had a new sponsor but had not applied for the new visa as yet.

I would suggest you either apply for a new visa before you travel or delay your travel.
Many thanks for your response!

Also, so-called "cooling off" period only applies after my Visa expired (which is February 8 in my case)? Will I still be eligible to apply for a new Tier 2 Visa outside the UK, or I can do so while I am here only?

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Re: Tier 2 Curtailment - Urgent advice needed

Post by CR001 » Wed Dec 23, 2015 1:27 pm

If you DO NOT want to wait the 12 months cooling off period, you need to apply within the UK before the date of your curtailment ends. If you apply from abroad, you need to wait the 12 months.

If you go on holiday and are refused re-entry, you will likely have to wait 12 months cooling off.
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pgusakov
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Re: Tier 2 Curtailment - Urgent advice needed

Post by pgusakov » Wed Dec 23, 2015 5:48 pm

CR001 wrote:If you DO NOT want to wait the 12 months cooling off period, you need to apply within the UK before the date of your curtailment ends. If you apply from abroad, you need to wait the 12 months.

If you go on holiday and are refused re-entry, you will likely have to wait 12 months cooling off.
Thank you! Will be applying from the UK =) I can't apply after this date, right? Just to double check.

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Re: Tier 2 Curtailment - Urgent advice needed

Post by CR001 » Wed Dec 23, 2015 5:52 pm

You should try and apply before 8 Feb. There is usually a grace period of 28 days but not sure if this applies to curtailed leave.
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Re: Tier 2 Curtailment - Urgent advice needed

Post by indianajess » Mon Dec 28, 2015 5:43 pm

I was in the same situation in September--I called UKBA twice and they told me to bring paperwork for my new job offer and visa agency and that it was at the "discretion" of the border force. I had everything with me, and had never even received my curtailment letter, and I was refused entry and have spent 3 months challenging that decision. Don't leave the country! I was able to challenge the decision and win, because my letter was sent on Sept 18, I arrived back Sept 21, and didn't know I had been curtailed, otherwise I would have had no recourse. If you've actually received your letter, you're bound by the terms.

Also, if you have a curtailment letter, give it to your new employer/visa agency. They can use it to speed up the application process for your next visa!

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