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Urgent - Curtailment period for an expired tier 2visa holder

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

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Josephagain
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Posts: 3
Joined: Mon Apr 13, 2015 5:53 pm

Urgent - Curtailment period for an expired tier 2visa holder

Post by Josephagain » Mon Apr 13, 2015 6:02 pm

Hi,
I have applied for Tier 2 visa extension via postal before expiry of my visa. But after few weeks my sponsor license got suspended.
My visa was on hold for the next 5 months and eventually the visa got expired, 2 days before sponsor license got revoked too.
In this case what should be my curtailment period? Am I eligible for 60 days period or 28 days.
I haven't received any letter from UKBA yet. Also my passport with expired visa and other documents are still with UKBA.
When contacted them, my application status is 'Not completed'
What all are my options?

Help will be really appreciated as I am going through a very tough time.
No where I can find any post on these situation.

Thanks
Joseph

safatafa
Member of Standing
Posts: 340
Joined: Tue Apr 20, 2010 9:48 pm
United Kingdom

Re: Urgent - Curtailment period for an expired tier 2visa ho

Post by safatafa » Mon Apr 13, 2015 9:35 pm

Curtailment is a grey area as ur sponsor license has been revoked not sure where u stand.
in general ur leave is curtailed once u get a letter from home office u ll have 60 days from the day u recieve the letter
if your leave has expired then u have 28 days from expiry of ur visa to either get a new sponsor or switch into another category.
when did ur leave expire?

Josephagain
Newly Registered
Posts: 3
Joined: Mon Apr 13, 2015 5:53 pm

Re: Urgent - Curtailment period for an expired tier 2visa ho

Post by Josephagain » Mon Apr 13, 2015 10:08 pm

Hi
Thanks for your reply. But my visa was expired on November 7th 2014 but I have made my tier 2 general extension application on November 5th 2014.
Since my visa application reached home office before my visa expiry I was allowed to work here until the decision being made.
By 25th November 2015, sponsor's license suspended and our visa application went on hold.
But on 10th April 2015 sponsor's license got revoked.

In this situation we want to know our eligibility to apply through a new sponsor. And with in how many days we have to make new application.

Thanks
Joseph

MrIncredible
Newly Registered
Posts: 11
Joined: Mon Apr 14, 2014 12:18 am

Re: Urgent - Curtailment period for an expired tier 2visa ho

Post by MrIncredible » Mon Apr 13, 2015 11:40 pm

I have got same circumstances as Joseph. My employer's licence got revoked on 10th April and my employer told me that there will be no curtailment letter(according to them ukba doesn't have my postal address) and your 60-day period has started after 10th April and my payroll cannot be processed after this date. Is this true?If it is, then, as a result, I am unable to give any notice to the client I am working for. Shouldn't there be some notice period until which I can work ?

Josephagain
Newly Registered
Posts: 3
Joined: Mon Apr 13, 2015 5:53 pm

Re: Urgent - Curtailment period for an expired tier 2visa ho

Post by Josephagain » Tue Apr 14, 2015 7:10 pm

Is your company M**s UK Ltd?

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Urgent - Curtailment period for an expired tier 2visa ho

Post by manci » Tue Apr 14, 2015 9:18 pm

MrIncredible wrote:I have got same circumstances as Joseph. My employer's licence got revoked on 10th April and my employer told me that there will be no curtailment letter(according to them ukba doesn't have my postal address) and your 60-day period has started after 10th April and my payroll cannot be processed after this date. Is this true?If it is, then, as a result, I am unable to give any notice to the client I am working for. Shouldn't there be some notice period until which I can work ?
Your employer is wrong. There will eventually be a letter curtailing your leave and you are allowed to continue working for your employer until the curtailed leave expires.

The illegal working guidance states that until a visa expires or is beyond the curtailment date there is no action that can be taken against the revoked sponsor nor the migrant.

read the last para on p36:
https://www.gov.uk/government/uploads/s ... 4_0EXT.pdf
and immigration rule 323A(b)(I)
https://www.gov.uk/government/uploads/s ... t_9_v2.pdf

Your employer is your sponsor. They are probably an umbrella company that is why their licence was revoked. You owe no duty to the client you are working for but your sponsor/employer is bound by the employment contract you presumably have with them. Look at its terms, especially with regard to termination.

If you think UKVI don't have your address, complete and send a change of circumstances form.
https://www.gov.uk/government/uploads/s ... _04-14.pdf

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