Tier 2 Premium service, curtailment letter.

[SonOfConstantine]

Hello,

I am hoping someone can provide some advice regarding my partner's forthcoming application for a Tier 2 (general) visa. To summarise an increasingly complex situation: she is a US national who has worked in the UK on a Tier 2 visa until the summer of 2015, when she attempted to move to a new job. She accepted the job in good faith, but left her previous employment before the new visa was issued (a little prematurely, but that's the way it is unfortunately). The 'new' job did not meet the visa requirements as she had been led to believe, as it had not been advertised for long enough.

Anyway, many months and a lot of diligent job-applying later and she has been offered another job. This job is on the occupation shortage list, so none of the tedious resident labour market test stuff to contend with, and meets all the other requirements for a Tier 2 visa. Hooray.

My questions are as follows:

Firstly, is the original visa (from the first job) valid until it is officially curtailed? No notice of curtailment has been received despite it being several months since she has worked in that job. They have all of her current details, so it is not a case of not being able to contact her. I ask this, because the Tier 2 application form asks for a current visa status - can she put down 'Tier 2 general'?

Secondly, could anyone enlighten me as to whether this would be eligible for the visa Premium Service, assuming her original Tier 2 visa is indeed valid until it has been curtailed?

I would really appreciate any help you can offer,
All the best.

[terriblescream]

Sometimes Home Office does not send out curtailment letters.

Your partners existing visa is not deemed to be valid if her previously employer informed the Home Office that she resigned which means she is no longer under sponsorship from them.

They have to do this as part of their Sponsor Duties or else they risk of their license being cancelled. Which means she maybe considered over-stayer if she did not succesfully switched into another category or applied for a fresh visa within 28 days.

Please note the above is not a professional legal advise, see what others have to say!

[iworker]

I think it is pretty straight forward. She did not receive the curtailment letter, hence she is currently on tier 2. She is eligible to apply for premium service and she should be fine, as long as she get a valid cos.