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Advice Needed - Never Received Curtailment Letter

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

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mediaones
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Posts: 1
Joined: Sat Dec 01, 2018 1:27 pm
United States of America

Advice Needed - Never Received Curtailment Letter

Post by mediaones » Sat Dec 01, 2018 1:38 pm

Hi all, wondering if some kind person might be able to provide some guidance or advice for me:

I was on a Tier 2 General Visa with my employer until they (in my mind at least) unlawfully terminated me by means of redundancy on Sept. 20, 2018. I have filed a complaint with the EAT and commenced civil litigation that I would like to see through.

Unbeknownst to me, I went on vacation on Nov 15, 2018 go clear my head and was detained for 7 hours upon re-entering the UK in MAN that my visa was curtailed on October 30, 2018, even though I have never received a letter from the Home Office stating that. I was given the option to be deported back to my last departure point or put on immigration bail until Dec 12 at which time I will need to fly out of LHR back to USA and receive my passport back.

Can someone please provide some advice as to what I can do? I would like to stay in the country and continue to look for work while I attend to the litigation and tribunal claims, but Border Patrol at MAN said that was not of their concern and I could easily do that back in my home country, which I do not agree with.

More importantly, I never received the letter from the Home Office, so I left the country on with a reasonable belief that no action had yet been taken. The Border Patrol in MAN stated it was irrelevant that I never received the letter, which I do not believe is fair due process. I suspect either my company provided an erroneous address or it was sent back to my old address in the USA and mailed to my now-defunct work email, but reading the guidance put forth, they are required to put a good-faith effort to serve me notice in the UK which they did not, given my address is available to them and my company certainly had it and had knowledge that I was still in the UK.

I have read cases where it was stated that lack of evidence of receipt was enough to reverse or delay a decision, but I have very little time to get this turned around. Also, I would like my passport back in case I have to travel overseas as my parents are unwell, but doesn't change my desire to stay here and fight the unlawful termination. Also, I have an apartment that is currently leased (which will be hard to get out) until August 2019.

Any help or advice would really be greatly appreciated. The seven-hour detention was just horrible.

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