Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

**URGENT** PLEASE TIER 5 GAE VISA CURTAILMENT

Only for UK Tier 5 (Temporary work) points system
Also includes the Youth Mobility Scheme Tier 5

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe

Locked
ximena
Newly Registered
Posts: 8
Joined: Fri Feb 01, 2019 8:35 pm
Mexico

**URGENT** PLEASE TIER 5 GAE VISA CURTAILMENT

Post by ximena » Fri Feb 01, 2019 9:13 pm

Hi Everyone,

I need some advice about my situation and I hope someone will be very kind to help me. :)

I was doing an Internship at a company and my visa was going to expire on March 23th. However, I didn't enjoy the internship as they were making me work extra hours, their company culture was horrible and they were treating me very bad so I was quite depressed.
I resigned the internship and my sponsor BUNAC terminated the sponsorship with good standing on December 10th, I had some personal problems to leave the country immediatly that's why I was supossed to leave on January 7th, they told me it wouldn't be a problem as they're usually very busy (also because it was December) and this may not happen within 30 days after terminating the sponsorship, so they advised me to wait until the curtailment email has arrived.

I never received any email from the Uk Gov neither a letter to my home address, I checked every single day also in spam but I'm just worried I might overstayed as I don't know if I received an email or letter? I've seen that there are some people that never receive any notification and they're visa has already been curtailed. I just want to be sure about the wrap up period.

I have read that the leave is curtailed to 60 days. But recently I came across this document: https://assets.publishing.service.gov.u ... tv16.0.pdf

And it says "If you curtail a Tier 2 or 5 migrant’s leave because the employment, volunteering, training or job shadowing will end earlier than originally expected, you must curtail their leave to the new end date plus any wrap-up period that was originally allowed."

I'm not sure which wrap up period I was supossed to be given? I'm very nervous as I always been super careful with these things, I don't want to have a future problem and a bad Immigration history, BUNAC has told me there is nothing to be worried about If I didn't receive any email.

I have so much anxiety, I really hope someone can take the time to give an advice. I've tried to call UK HOME OFFICE but the number just sends me to several voicemails.

Thank you so much for taking the time to read.

Ximena

sah10406
Diamond Member
Posts: 2403
Joined: Sun Apr 20, 2008 10:09 am

Re: **URGENT** PLEASE TIER 5 GAE VISA CURTAILMENT

Post by sah10406 » Sun Feb 03, 2019 9:41 am

ximena wrote:
Fri Feb 01, 2019 9:13 pm
I'm not sure which wrap up period I was supossed to be given?
14 days. See the Tier 5 policy guidance, paragraph 85:
https://www.gov.uk/government/publicati ... ary-worker
ximena wrote:
Fri Feb 01, 2019 9:13 pm
I'm very nervous as I always been super careful with these things, I don't want to have a future problem and a bad Immigration history,
If your leave was curtailed to 24 December 2018 (end of internship + 14 days), leaving on 7 January 2019 would be an overstay of 14 days. This would not have any specific effect on any future immigration application for the UK, but it would need to be declared on any application.
ximena wrote:
Fri Feb 01, 2019 9:13 pm
BUNAC has told me there is nothing to be worried about If I didn't receive any email.
I don't think there is anything to worry about anyway, whether your leave has been curtailed behind the scenes or not.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

ximena
Newly Registered
Posts: 8
Joined: Fri Feb 01, 2019 8:35 pm
Mexico

Re: **URGENT** PLEASE TIER 5 GAE VISA CURTAILMENT

Post by ximena » Sun Feb 03, 2019 6:34 pm

Thank you so much for answering, I feel more calm. :)

I just have another question, why does it says this?
I'm sorry it's just very confusing.

82.If your employment ends before your period of leave, we may curtail your leave to 60 days.
If you have less than 60 days of your leave remaining, we will not curtail this leave. You may
wish to make a further application for leave during this time


And also in the Curtailment Guidance document:
https://assets.publishing.service.gov.u ... tv16.0.pdf

Curtailing leave: PBS migrants: 60 days leave remaining
You must normally curtail leave to 60 days if a PBS migrant has ceased work or
study.
Curtailment is mandatory because a PBS migrant has stopped study or work under
paragraphs 323A(a)(i)(2) and 323A(a)(ii)(2) of the Immigration Rules unless there
are circumstances which mean it is appropriate to curtail leave with immediate effect.
For example, it may be appropriate to curtail a Tier 4 migrant’s leave with immediate
effect if all the following apply.

sah10406
Diamond Member
Posts: 2403
Joined: Sun Apr 20, 2008 10:09 am

Re: **URGENT** PLEASE TIER 5 GAE VISA CURTAILMENT

Post by sah10406 » Sun Feb 03, 2019 8:07 pm

ximena wrote:
Sun Feb 03, 2019 6:34 pm
Curtailing leave: PBS migrants: 60 days leave remaining
You must normally curtail leave to 60 days if a PBS migrant has ceased work or study.
They make a distinction between when someone "has ceased work or study" (see page 58 of the curtailment guidance) and when "the employment, volunteering, training or job shadowing will end earlier than originally expected" (page 59). The former is curtailed to 60 days, the latter is curtailed to the new end of the work plus the 14-day wrap-up period.

Either way you are fine, but if you are determined to know which form of curtailment you had, you will need to check with your former sponsor.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

ximena
Newly Registered
Posts: 8
Joined: Fri Feb 01, 2019 8:35 pm
Mexico

Re: **URGENT** PLEASE TIER 5 GAE VISA CURTAILMENT

Post by ximena » Mon Feb 04, 2019 6:01 am

Thank you so much for your help and taking the time to answer! I really appreciate it.

Frontier Mole
Respected Guru
Posts: 3228
Joined: Mon May 05, 2008 11:03 pm

Re: **URGENT** PLEASE TIER 5 GAE VISA CURTAILMENT

Post by Frontier Mole » Wed Feb 06, 2019 11:48 am

When do you intend to leave the UK?

sah10406
Diamond Member
Posts: 2403
Joined: Sun Apr 20, 2008 10:09 am

Re: **URGENT** PLEASE TIER 5 GAE VISA CURTAILMENT

Post by sah10406 » Wed Feb 06, 2019 11:52 am

Frontier Mole wrote:
Wed Feb 06, 2019 11:48 am
When do you intend to leave the UK?
Unless I misunderstood, OP is saying they quit the internship on 10th December and left the on 7th January.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

ximena
Newly Registered
Posts: 8
Joined: Fri Feb 01, 2019 8:35 pm
Mexico

Re: **URGENT** PLEASE TIER 5 GAE VISA CURTAILMENT

Post by ximena » Thu Feb 07, 2019 6:42 pm

Frontier Mole wrote:
Wed Feb 06, 2019 11:48 am
When do you intend to leave the UK?
My former Sponsor reported the HO in December 10th and I left on January 7th.

I never received any email or letter from UKVI, I just would like to know the wrap up period I was supposed to be given just in case my curtailment was placed in file or sent and didn't receive it. Is it 14 or 60 days?
BUNAC just told me two days ago it was 60 days, but I'd like to be sure so I won't have any future problems.

Thank you so much for answering Frontier Mole. :D

User avatar
CR001
Moderator
Posts: 66244
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: **URGENT** PLEASE TIER 5 GAE VISA CURTAILMENT

Post by CR001 » Thu Feb 07, 2019 7:20 pm

Curtailment is 60 days but only if your visa is still valid for longer than what the curtailment period would be.
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.

ximena
Newly Registered
Posts: 8
Joined: Fri Feb 01, 2019 8:35 pm
Mexico

Re: **URGENT** PLEASE TIER 5 GAE VISA CURTAILMENT

Post by ximena » Thu Feb 07, 2019 7:26 pm

CR001 wrote:
Thu Feb 07, 2019 7:20 pm
Curtailment is 60 days but only if your visa is still valid for longer than what the curtailment period would be.
Thank you so much for answering my doubts CR001, I very much appreciate it. My visa expires in March 23h.

So I guess it was indeed curtailed to 60 days!

Locked
cron