curtailment of Tier 2 visa without dismissal

[KateS]

Hello,
I was granted T2 visa sponsored by my employer in Nov'13 (before I was on T1 PSW). I'm pregnant at the moment and from 01/03 till 15/07 I'm signed off by my GP and remain on sick leave at the moment. Two days ago I was informally informed by a colleague that company has sent a request to HO on 10/04 to cancel my visa. However, during this period - Apr-May - I was getting SSP paid by the company. I have not receive a termination letter or any other communication for this matter. This means that I'm still employed by the company. But my understanding was that dismissal and request to cancel visa must be done simultaneously? If I don't have sponsorship at the moment can my employer pay me SSP (or any other wages)? If they sent visa cancellation - MUST they sack me?

Another question - I did not get any communication from the HO. On 23/05 I've sent a request to access my personal data, but it takes 40 days for them to reply. So I really worried to overstay 60 days. I've calculated that 60 days from 10/04 will be on 09/06. What is the safest option to calculate the day I need to leave? 10/04 + 28 days for HO to make a curtailment decision +60 days OR 10/04 + 60 days?

Thanks,
Kate

[manci]

is your illness pregnancy related?

[KateS]

No, I suffered from stress at work in Feb and was signed off by my GP with work related stress

[manci]

Don't rely on hearsay, ask your employer directly if there has been any change in your employment status.

If you have been dismissed the dismissal would be automatically unfair if your illness was pregnancy related (in which case you could make a claim in the Employment Tribunal), but not otherwise. This a medical issue that you may wish to discuss with your GP.

Look in your employment contract to see under what circumstances you can be dismissed, what procedure must be followed and what compensation/notice you may be entitled to.

If it is confirmed that you have been dismissed it may be advisable to seek employment law advice from a lawyer or the Citizens' Advice Bureau.

Employment and immigration are two different areas of the law. Both you and the your employer/sponsor have obligations under both.

If the sponsor notified UKVI that they stopped sponsoring you your visa will be curtailed to 60 days from the date the curtailment decision is made, not from the date of termination. You will be informed of the decision in writing, make sure UKVI have your current address. After your curtailed visa expires you can overstay for 28 days without this having an impact on any future immigration application.

[KateS]

Hi,
at last i've got a response from my employer stating:

"Earlier in April there was a confusion that you had left and hence the initial request to cancel then. As you know UKBA monitor if people granted visas are actually working and not off on leave for long periods. Lawyer was not informed you were on sick leave hence the error to cancel then. However it was immediately noted that you were on sick leave and your status was immediately reinstated. Hence the mail below has been provided on a misunderstanding."

I've asked them to send me a letter they have sent to HO to correct the mistake. However they refused to do so. I'm sure that they send it just recently on 4-5 June, not immediately in April.

If they did send it few days ago do I have the right to stay in the UK and for how long?

Thanks,
Kate