HELP! Can my wife and 2yo child come back?

[ronzee]

3 weeks ago my wife and my child left the UK for holiday. Last week my HR told me our company's Tier 2 license was revoked!!

I understand that my visa shall be curtailed to 60 days from the decision made (what the decision is - the worst case is the revocation of license). I'm looking for new sponsors but I'll be prepared to leave the UK in 60 days if I fail to get a new job, which is fine.

But can my wife and my child come back?? I've read from the guidance that once you leave your visa expires. so my question is - will they be stopped at the airport? and detained? Their flights are on next Monday. So I must make a decision over the weekend... Please help.

[manci]

Your dependants' leaves will be curtailed in the same way as yours, to 60 days from the date the curtailment decision is made. Usually but not always, and don't rely on this, there are a few weeks between when the need for the curtailment arises and the actual decision. From what you write your and your dependants' leaves have not yet been curtailed or at least you have not yet received any notification - check that the HO have your current address to which they will send the notice of curtailment.

When exactly was your sponsor's licence revoked?

Once a visa has been curtailed the curtailed leave lapses on departure from the UK. The migrant cannot then return to the UK on that visa.

So, in answer to your question, there may only be problems with your family's return from holiday if their leaves have already been curtailed but even then the BFO may, repeat may, exercise discretion due to the particular circumstances in this case.

[ronzee]

Your dependants' leaves will be curtailed in the same way as yours, to 60 days from the date the curtailment decision is made. Usually but not always, and don't rely on this, there are a few weeks between when the need for the curtailment arises and the actual decision. From what you write your and your dependants' leaves have not yet been curtailed or at least you have not yet received any notification - check that the HO have your current address to which they will send the notice of curtailment.

When exactly was your sponsor's licence revoked?

Once a visa has been curtailed the curtailed leave lapses on departure from the UK. The migrant cannot then return to the UK on that visa.

So, in answer to your question, there may only be problems with your family's return from holiday if their leaves have already been curtailed but even then the BFO may, repeat may, exercise discretion due to the particular circumstances in this case.

Hi Manci. Thank you very much for your prompt reply! No, I haven't received any letters from HO yet, I have checked with previous landlord as well.

When was the license revoked - it was 4th of July. Sorry the times I gave above was incorrect just in a thought to simply the scenario, but they left in June, so definitely before the revocation. Yes it's been a while. People say they'll wait for 28 days before curtail your leave - if this is the case, today (1st Aug) is the day, and next Monday would be just beyond this 28 period - hope the caseworker not action so quick...

Thanks for the saying of discretion exercising. In the case the curtailment does have happened, I hope the BFO can still let them in first... Thank you Manci!