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UK Tier 2 Visa

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

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P2019
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United States of America

UK Tier 2 Visa

Post by P2019 » Sat Mar 02, 2019 7:32 am

Hello, I am currently on Tier 2 work visa and it is valid for two more years. However I left my job 3 months ago, and I was waiting for the Curtailment letter but I haven't received any letter yet. When I checked the immigration rules, there is no legal restriction in terms of how much time I can spend unemployed before I switch to a new employer. Obviously, the curtailment letter is sent to restrict the time to 60 days, and since I didn't receive the letter yet will I face any risk going forward. I am in the process of interviewing to find another job. Please clarify. Thank you very much for your advice.

srsw
Senior Member
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Joined: Wed Nov 04, 2015 3:31 pm

Re: UK Tier 2 Visa

Post by srsw » Sat Mar 02, 2019 5:15 pm

As far as I am aware there is no restriction or risk. If you submit your new Tier 2 application before the end date as on your curtailment letter, then it will be considered as in time application.

Hope you haven't moved and your address is still the same (so you receive curtailment letter).
My advice is based on personal research/experience, so pls check relevant UKVI sources.

P2019
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Joined: Fri Mar 01, 2019 11:58 am
United States of America

Re: UK Tier 2 Visa

Post by P2019 » Sat Mar 02, 2019 6:58 pm

Thank you for your reply.
I have been in the same address for over a year and all communications from my employer have been addressed to my current address. How does the Home office know which address to send the curtailment letter to? Does the employer submit any information to the Home office including my current home address? Or am I responsible to intimate the Home office? When I applied for Tier 2 visa extension back in 2017, I had a different home address. Does the Home office consider the address on the Tier 2 application or will they have a way to find the current address? Please clarify. Thanks a lot.

srsw
Senior Member
Posts: 866
Joined: Wed Nov 04, 2015 3:31 pm

Re: UK Tier 2 Visa

Post by srsw » Sat Mar 02, 2019 7:12 pm

You are responsible and were supposed to intimate change of address to UKVI via this process/form:

https://www.gov.uk/change-circumstances-visa-brp

Your employer is not responsible for your change of address. UKVI will use the address you supplied in your last application.

You better check at your old address if curtailment letter arrived or if they tried to deliver and sent back.

If curtailment letter sent and you missed the 60 day period then you may be considered as overstayer.
My advice is based on personal research/experience, so pls check relevant UKVI sources.

P2019
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Posts: 5
Joined: Fri Mar 01, 2019 11:58 am
United States of America

Re: UK Tier 2 Visa

Post by P2019 » Sat Mar 02, 2019 7:58 pm

Thank you for your reply. Basically, I have no contact with my old address (stated on the Tier 2 application) as I have moved out of that address 2 years ago. I do remember informing my employer's lawyer about my address change and asking to see if I need to file the change of address but they said it was not necessary. How can I find out whether the Termination letter has been sent out or not? Can I contact the Home Office directly? What if the Termination date has already passed? Please help clarify and suggest my options. Thank you.

srsw
Senior Member
Posts: 866
Joined: Wed Nov 04, 2015 3:31 pm

Re: UK Tier 2 Visa

Post by srsw » Sun Mar 03, 2019 9:52 am

You could still fill that change of circumstances form just in case and also give UKVI helpdesk a call and see if they can confirm your address on their system.

Mention that you informed your employer's lawyer back then but not sure if they updated UKVI or not hence enquiring now.

Having said that, once you contact them they may speed up your curtailment process (in case they haven't sent the letter yet), so just be aware of the same.

Wait for other senior members to suggest the best course of action for your situation.
My advice is based on personal research/experience, so pls check relevant UKVI sources.

P2019
Newly Registered
Posts: 5
Joined: Fri Mar 01, 2019 11:58 am
United States of America

Re: UK Tier 2 Visa

Post by P2019 » Mon Mar 04, 2019 12:25 pm

srsw wrote:
Sun Mar 03, 2019 9:52 am
You could still fill that change of circumstances form just in case and also give UKVI helpdesk a call and see if they can confirm your address on their system.

Mention that you informed your employer's lawyer back then but not sure if they updated UKVI or not hence enquiring now.

Having said that, once you contact them they may speed up your curtailment process (in case they haven't sent the letter yet), so just be aware of the same.

Wait for other senior members to suggest the best course of action for your situation.
Thank you for the information. I am unable to speak with the UKVI. I called the 0300 123 2241 and the number is more for current visa applicants and not for migrants who already have valid visas.

Can you please advise if this is the correct number for the UKVI?

Also can anyone please make any suggestions as to what the best course of action is for my situation?
I spoke with a lawyer and I was told that it is the responsibility of the Home office to ensure that the candidate receives the Curtailment letter. However, I have been advised otherwise in the above post. Also, the lawyer advised me not to fill any change of address form now and suggested me to call and find out if UKVI has my updated address. Please help advise my best course of action here.
Thanks very much.

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Frontier Mole
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Re: UK Tier 2 Visa

Post by Frontier Mole » Mon Mar 04, 2019 6:56 pm

The Home Office is entailed to serve the notice to file regardless of the fact they have your correct address or not.
If you are served without receiving the notice - it is still deemed served. If you apply for another visa and suddenly find out you are an overstayer then it gets messy very quickly.

Do the right thing and advise the HO of your address and take the uncertainty out of it all.

P2019
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Re: UK Tier 2 Visa

Post by P2019 » Wed Mar 06, 2019 2:00 pm

Thank you very much for your reply. I appreciate the advice and I am filing the Change of address form right away.

I checked this webpage which shows info about right to work.

https://www.gov.uk/prove-right-to-work

I entered my information, BRP details and Date of birth. It is showing that I have the right to work until the expiration date on my BRP.

Does this mean, that my Visa has not been curtailed yet?

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Frontier Mole
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Re: UK Tier 2 Visa

Post by Frontier Mole » Wed Mar 06, 2019 11:58 pm

Looks like it 👍

Check it periodically say every 30 days or until you submit a new application.

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