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I did not recieve curtailment letter. Unsure what to do with visa application

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

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dedede123
Newly Registered
Posts: 1
Joined: Thu Aug 05, 2021 8:01 pm
Israel

I did not recieve curtailment letter. Unsure what to do with visa application

Post by dedede123 » Thu Aug 05, 2021 8:08 pm

Hi all,

I have recently finished a Ph.D. program in the UK. I had a Tier 4 visa which was supposed to expire in early 2022. However, because i "finished my studies early", my former university sent me an email letting me know that they have contacted and notified UKVI that I have finished and that my visa will be canceled. This happened end of May 2021. Due to COVID, I left the UK in September 2020 and finished my course online.

I have now been offered a job in the UK and I have to apply for a work visa. As far as I am aware, I have not received an official curtailment letter from UKVI. However, according to my university, this has most likely happened since it is August now. I'm unsure how to proceed now. My future employer will need to issue a CoS number for me and that will depend on whether I apply from inside the UK, or from outside the UK.

1) if my student visa is still valid, then it is my understanding that I have to apply from within the UK. However, as I am now outside the UK I am worried this notification will show up for the immigration office at the borders. Further, even if it has not been canceled until today and I do succeed in entering the country, they might cancel it any day before I make the application from within the UK.

2) if my student visa is not valid, then I have to apply from the outside UK which is fine, my only concern is that if I go through with this route, they will think I'm giving false information by saying that my visa has expired.

Would this university notification, and the fact that I have been away from UK for a while be sufficient enough to deal with my new visa application as a new application from outside UK, rather than "switch to" application from inside the UK?

Thank you!

lolo2
Member
Posts: 128
Joined: Thu Oct 24, 2019 7:14 pm
Venezuela

Re: I did not recieve curtailment letter. Unsure what to do with visa application

Post by lolo2 » Thu Aug 05, 2021 9:08 pm

1. As a general rule, you cannot travel back to the UK on your Student/Tier 4 visa once it is curtailed, even if the expiry date is still in the future. Despite you have not received any email or letter from the HO yet, your sponsor has confirmed that they have reported UKVI that you completed the programme. Timing to receive a curtailment letter is unpredictable.

2. You can proceed with an out of country application, so your future employer can assign a defined CoS and you can apply from your country. The HO will know that your last leave has been curtailed.

manci
Respected Guru
Posts: 6021
Joined: Wed Feb 15, 2012 10:10 am

Re: I did not recieve curtailment letter. Unsure what to do with visa application

Post by manci » Fri Aug 06, 2021 6:52 pm

dedede123 wrote:
Thu Aug 05, 2021 8:08 pm
Unsure what to do with visa application
@lolo2 is correct.

Have a look at the guide by Cambridge Uni about what happens if you finish your studies early:
https://www.internationalstudents.cam.a ... ur-studies

With particular reference to your situation:

The Home Office advises that if you leave the UK after early completion of studies, or are already outside the UK, your leave to enter or remain will lapse under Article 13(3) of the Immigration (Leave to Enter and Remain) Order 2000 and you may require a new visa to enter the UK.

As you haven't heard from the HO about your immigration status yet (this can take many months) it would be safer to ask your prospective employer to assign to you a defined CoS and then apply for entry clearance (a visa) from your home country.

The downside is that your ILR clock for 10 year Long Residence will reset to zero but a skilled worker visa will make you eligible for ILR after 5 years.
Personal opinion, not professional or legal advice

Armani2021
Newly Registered
Posts: 1
Joined: Mon Sep 27, 2021 6:29 am
India

Re: I did not recieve curtailment letter. Unsure what to do with visa application

Post by Armani2021 » Mon Sep 27, 2021 9:07 am

Hi

Does anyone know that if the university sends you an email about visa sponsorship withdraweral because you have engaged in studies and failed first semester. How long does the curtailment t letter take to come and can you still work during this time

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