Tier 2 to Settlement (10 Year Legal residency)

[rickyshrestha]

Hello,

I have had a Tier 2 Sponsored Visa but the sponsorship license of my employer was revoked four months ago and I was made redundant.

I am still staying in the country and have not found another employer yet but I have not yet received my curtailment letter. It will be 10 years since I started living in the UK (previously as a student) in couple of weeks time. Can I apply for settlement using the 10 year legal residency although I am not employed right now (and not have been for last four months).

Any help will be very appreciated.

Thanks.

[geriatrix]

Being employed is not a criteria for settlement under long residence. Lawful residence for at least 10 years is.

[rickyshrestha]

Thanks for your reply sushdmehta.

However, the sponsorship license of my employer was revoked four months ago. Am I still a legal residence or am I illegal?

Regards,
Ricky

[geriatrix]

Does Home Office have your current address?
323A(b) that covers instances where migrant's sponsor ceases to have a sponsor licence states "may be curtailed if" whereas 323A(a) states "is to be curtailed if", which indicates that there may be a discretion where 323A(b) is involved.

That said, I am given to understand that under such circumstances leave is indeed curtailed to 60 days within which the migrant can find a new sponsor and apply for leave to remain. One may not receive such letter immediately but it eventually arrives in 6-8 weeks.

If Home Office has your current address on record but you have not received any such letter then the best thing to do is call up Home Office and check if such a letter has been issued to you, and if so, why haven't you received it.

[rickyshrestha]

Thanks for your help. I will check with the Home Office.

[rickyshrestha]

I have tried calling the Home Office but have been unsuccessfull. The number given on the UK Visa and Immigration webpage does not include my option. I have tried all the options but I cannot get a real pereson to talk to.

I tried contaction the Customer Contact Centre in the Sheffield Office but I was asked to send an email to tier4curtailments@homeoffice.gsi.gov.uk and I have now done that.

I thought it would be better if I could talk to a person on the phone if that is possible. Can anyone help?

Thanks for all the help I have received until now.