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Under sponsorship but being made redundant

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

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miss_kane
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Under sponsorship but being made redundant

Post by miss_kane » Wed Apr 04, 2018 7:48 pm

Hi every one,

I have some questions regarding of my Visa
Currently I’m being sponsored for 3 years under Tier 2 (General), I just had that for 4 months. Unfortunately the company I work for change direction and made me redundant. They will report to HRMC in 8th of May.

- How long could I stay in UK from that date ?
- Could Visa be transferred or brought by my potential new employer ? I just read that I need to apply for new one but in this case the Visa is quite new hence I wonder there’s any exception ?
- Do my new employer need to wait until 8/5 to do new Visa for me or can do it before ?
- I also have my husband and a son depending on me. Do they need to apply together with me if I have new one or can keep using their current ones ?

Thank you

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CR001
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Re: Under sponsorship but being made redundant

Post by CR001 » Wed Apr 04, 2018 7:59 pm

They will report to HRMC in 8th of May.
You mean Home Office (HO). HMRC doesn't deal with visas.
- How long could I stay in UK from that date ?
Depends how long HO take to send you a curtailment letter, which can take many months. The letter will give you 60 days.
- Could Visa be transferred or brought by my potential new employer ? I just read that I need to apply for new one but in this case the Visa is quite new hence I wonder there’s any exception ?
No unfortunatley your visa not transferable or 'for sale'. Your new employer must be a licenced sponsor and you will have to pay for a new visa, including IHS fees.
- Do my new employer need to wait until 8/5 to do new Visa for me or can do it before ?
They can issue a CoS at any point provided they have completed the full and proper RLMT process.
- I also have my husband and a son depending on me. Do they need to apply together with me if I have new one or can keep using their current ones ?
No they do not have to apply with you for a new visa.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

miss_kane
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Re: Under sponsorship but being made redundant

Post by miss_kane » Wed Apr 04, 2018 8:08 pm

Hi Char,

Thank you very much for your quick reply. Your answers are really helpful and clear out all of my concerns.

Thank you very much!!

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CR001
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Re: Under sponsorship but being made redundant

Post by CR001 » Wed Apr 04, 2018 8:09 pm

You're welcome. Feel free to continue in this topic if you have any further questions.
Char (CR001 not Casa)
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NAR00
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Re: Under sponsorship but being made redundant

Post by NAR00 » Wed Apr 04, 2018 9:52 pm

With regards to dependents' visa, I believe they will need to get a new extension/visa if the main applicant switches her Tier 2 General visa to a new employer after 8 May 2018 as the current employer would have initiated the termination and the curtailement of current dependents visa(s) is just a matter of time... However, they can keep their current dependent visa only if the main applicant switches to a new employer before the date the current employer terminates the main applicant.

Is my above understanding correct?

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CR001
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Re: Under sponsorship but being made redundant

Post by CR001 » Thu Apr 05, 2018 5:46 am

NAR00 wrote:
Wed Apr 04, 2018 9:52 pm
With regards to dependents' visa, I believe they will need to get a new extension/visa if the main applicant switches her Tier 2 General visa to a new employer after 8 May 2018 as the current employer would have initiated the termination and the curtailement of current dependents visa(s) is just a matter of time... However, they can keep their current dependent visa only if the main applicant switches to a new employer before the date the current employer terminates the main applicant.

Is my above understanding correct?
You are wrong. PBS Dependents DO NOT have to apply for a new visa with the main applicant if they still have a visa valid for a couple of years. The ONLY time a PBS Dependent is required to apply as well is IF their visas are also curtailed at some point.

uk-tier-2-employer-sponsored-visas/when ... 98586.html
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Under sponsorship but being made redundant

Post by NAR00 » Fri Apr 13, 2018 4:10 pm

CR001 wrote:
Thu Apr 05, 2018 5:46 am
NAR00 wrote:
Wed Apr 04, 2018 9:52 pm
With regards to dependents' visa, I believe they will need to get a new extension/visa if the main applicant switches her Tier 2 General visa to a new employer after 8 May 2018 as the current employer would have initiated the termination and the curtailement of current dependents visa(s) is just a matter of time... However, they can keep their current dependent visa only if the main applicant switches to a new employer before the date the current employer terminates the main applicant.

Is my above understanding correct?
You are wrong. PBS Dependents DO NOT have to apply for a new visa with the main applicant if they still have a visa valid for a couple of years. The ONLY time a PBS Dependent is required to apply as well is IF their visas are also curtailed at some point.

uk-tier-2-employer-sponsored-visas/when ... 98586.html
Many thanks CR001, this is clear.

One more clarification - for which I will be very thankful for your advise.

Assuming the main applicant switches employer successfully and obtains a new T2G visa (after being made redundant and before receiving the curtailment letter), will the UKVI correlate this new visa application and stop the curtailment process for previous T2G visa?

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CR001
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Re: Under sponsorship but being made redundant

Post by CR001 » Fri Apr 13, 2018 4:23 pm

Most likely yes.
Char (CR001 not Casa)
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Re: Under sponsorship but being made redundant

Post by NAR00 » Fri Apr 20, 2018 7:36 pm

Not sure where to post this, but thought to share it here as it may help someone else.

I received my curtailement letter today. My employer made me redundant earlier this month and notified UKVI on 4th April 2018. Curtailement decision was made on 18 April 2018 and I received the letter today stating 24 June 2018 is my last date in the UK. Quite frankly, I was thinking it will take UKVI more time to serve me the cirtailement letter, but here you go - it took less than 3 weeks!

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Re: Under sponsorship but being made redundant

Post by Djsuccess » Sun Apr 22, 2018 2:20 am

NAR00 wrote:
Fri Apr 20, 2018 7:36 pm
Not sure where to post this, but thought to share it here as it may help someone else.

I received my curtailement letter today. My employer made me redundant earlier this month and notified UKVI on 4th April 2018. Curtailement decision was made on 18 April 2018 and I received the letter today stating 24 June 2018 is my last date in the UK. Quite frankly, I was thinking it will take UKVI more time to serve me the cirtailement letter, but here you go - it took less than 3 weeks!
It is possible that UKVI is now more efficient in issuing curtailment letters and it could also depend on individual's situation.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

miss_kane
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Re: Under sponsorship but being made redundant

Post by miss_kane » Thu Sep 20, 2018 9:57 pm

NAR00 wrote:
Fri Apr 20, 2018 7:36 pm
Not sure where to post this, but thought to share it here as it may help someone else.

I received my curtailement letter today. My employer made me redundant earlier this month and notified UKVI on 4th April 2018. Curtailement decision was made on 18 April 2018 and I received the letter today stating 24 June 2018 is my last date in the UK. Quite frankly, I was thinking it will take UKVI more time to serve me the cirtailement letter, but here you go - it took less than 3 weeks!
I’m sorry to hear that. :(
About my sistuation, after long time looking for new job and failed constantly, I got job offer and took me 3 months for whole process, finally I got new BPR.
I have some following questions :
- We’ve never received curtailment letter. It seems that my family doesn’t need to apply new VISA as Char’s answer right ?
- According to the rule, I can work extra 20h/week for another employer that offers me similar job and I don’t need to report to Home Office. My question is how do I work with them ? As a contractor ? And how do I report income for tax, etc ... ?
Thanks

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CR001
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Re: Under sponsorship but being made redundant

Post by CR001 » Fri Sep 21, 2018 6:11 am

miss_kane wrote:
Thu Sep 20, 2018 9:57 pm
NAR00 wrote:
Fri Apr 20, 2018 7:36 pm
Not sure where to post this, but thought to share it here as it may help someone else.

I received my curtailement letter today. My employer made me redundant earlier this month and notified UKVI on 4th April 2018. Curtailement decision was made on 18 April 2018 and I received the letter today stating 24 June 2018 is my last date in the UK. Quite frankly, I was thinking it will take UKVI more time to serve me the cirtailement letter, but here you go - it took less than 3 weeks!
I’m sorry to hear that. :(
About my sistuation, after long time looking for new job and failed constantly, I got job offer and took me 3 months for whole process, finally I got new BPR.
I have some following questions :
- We’ve never received curtailment letter. It seems that my family doesn’t need to apply new VISA as Char’s answer right ?
- According to the rule, I can work extra 20h/week for another employer that offers me similar job and I don’t need to report to Home Office. My question is how do I work with them ? As a contractor ? And how do I report income for tax, etc ... ?
Thanks
You cannot contract on tier 2. Your second job must be at the same level and skill as your main job and you must be a PAYE employee on their payroll.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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