VISA curtailment, possibilty to reinstate to orginal expiry(use of discretion)

[GondalUK]

Hi Fellow Members,

I have been on Tier 2 VISA since August 2018 along with 4 dependents. Due to some problems with employer, I was dismissed from my job. My sponsor notified to UKVI on 19th March, after which I have received a curtailment letter on 26th May 2018 (decision date 24th May) and my leave is curtailed now it expires on 31st July 2018 (original expire date was 14th September 2018).

But there is no mention of my dependents, nor I received any curtailment letter for my dependents (wife and 3 children). I have my 4th child born in UK for which I haven't yet applied for leave to remain and there might be problem traveling back in two months. I want any advice from expert members regarding following:

1- Do my dependents has leave until original expiry date 14th Sep 2018 or 31st Jul 2018 according to my curtailed leave?

2- I have new born baby, and other 4 dependents. Is there any way I can ask UKVI for discretion and request UKVI to allow leave until original expiry date of 14 September 2018? According to following curtailment guidance there is possibility, please give any advice if the leave can be reinstated to original expiry date if I contact curtailment team?

-----------------------------------------------------------
https://assets.publishing.service.gov.u ... tv16.0.pdf

Example of when to consider curtailing a Tier 2 migrant’s leave

A Tier 2 migrant resigns from their employment and all the following apply:
• they have 12 months leave remaining
• have not submitted any further applications
• are aged over 18
• have a dependent child aged under 18 in the UK

In this case, curtailment is not mandatory because an exception applies because of the dependent child. Curtailment may still be appropriate, but you must consider the use of discretion when you make a decision.
-----------------------------------------------------------

[vinny]

1. If dependants’ leave are not curtailed, then it remains valid until expiry. No point for baby to apply for leave to remain that is less than six months.
2. No harm in asking. However, it’s better if you can find another Tier 2 employer.

[ibimalik]

Hi,

1- Do my dependents has leave until original expiry date 14th Sep 2018 or 31st Jul 2018 according to my curtailed leave?

Your dependents leave has also been curtailed to 31st Jul 2018.

[GondalUK]

Hi,

1- Do my dependents has leave until original expiry date 14th Sep 2018 or 31st Jul 2018 according to my curtailed leave?

Your dependents leave has also been curtailed to 31st Jul 2018.

Yes, it's likely but there was no curtailment letter received for my dependents so not sure. I have sent a letter to curtailment team for clarification. I will post details about outcome as soon as I have a response.

[onlooker]

I had my leave curtailed in the past and never ever got the letter. There are other people here who had the same experience.

[GondalUK]

Hi Onlooker, When your leave was curtailed, was you on Dependent VISA?

[GondalUK]

Hi All,

I didn't hear back from UKVI even after sending them a letter in which I asked if my dependent leave was curtailed or not.

I am applying for my Tier 2 VISA (Change of Employment) by priority postal. I want to delay VISA application for my dependents for some financial problems for one month, what are my options here:

1- Can I delay VISA application for my dependent until 14 September 20118 (Original VISA expiry) where as main immigrant leave was curtailed to (31st July 2018)? Any advice?

2- Can I give my letter as proof in the case of any problem, that I was not aware about dependent VISA curtailment as no letter was sent? And even after sending letter to UKVI, no answer was given?

[GondalUK]

Just updating status, it might be helpful for someone in similar situation.

My dependents VISA was never curtailed (discovered from a later refusal letter from UKVI). I had tried to send a letter to UKVI asking this question but never received any response to date (just wasted money and time).