Immigrationboards.com

I will start with little immigration history,
I am married to a british citizen (Separated but legally married). I was given discretionary leave (3 +3=6 years) to remain in 2008 because of my student visa appeal was pending when I applied for spouse visa. Therefore they gave me discretionary leave instead of spouse visa. I got my visa extended in 2015, but in 2017 my relationship with my partner was broken And since then I am separated.

My wife told me that she has informed home office that we are separated. But till date I haven't received any curtailment letter, maybe because they don't have my updated address ?

In September 2017, I applied for full Subject access report but home office only sent me IT record of my immigration history. In my IT record of Subject access report there was no sign of actual curtailment letter but there was this column with the dates given that curtailment decision was made to curtail leave in associated cases section. And I am a probable over stayer after 29th of august according to that. (Please see the attached pictures herewith)

My given visa is due to expire on 29th of January 2019 and I have been working all this time. I have already applied for ILR on marriage basis which I will vary the ILR application in February 2018 as I will complete my 10 years.

Now my question is What will be my right to work status after my visa expiry date when my employer checks it through employer work right status check using home office website. Will I be able to work? And how can I be over stayer when I haven't received any curtailment letter.

waiting for your kind replies, Thanks in advance.

Why didn't you apply for ILR after 6 years on DLR?

You don't qualify to apply for ILR based on marriage if you are separated. Why does HO not have your address? Surely you put your address in your ILR form??

thanks for replying.

I've applied for DLR on 6 years basis but they wont grant me ILR as my marriage has broken and I am no longer in relationship with my wife. So I have decided to vary the application on 10 year's basis. And I did put my new address in application form when I applied for Subject access report. But still no curtailment letter after 4/5 months.

Curtailment letters can take a few months to get sent out.

yes I agree but my question was what will be my right to work status when curtailment letter is not served, and if my employer checks it using web service provided by home office after my visa has expired?