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Curtailed visa

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

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QualtarDemix
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Tier-2 visa re-application by same employer after cancellation

Post by QualtarDemix » Fri Nov 30, 2018 11:52 am

My tier-2 general visa was canceled by my employer while I was outside the UK.
Now, they are planning to re-apply for a tier-2 general visa. My understanding is; that because my visa was canceled while I was outside the UK any company cannot apply for another tier-2 general visa for another 12 months. I left the UK in August 2018 so I can only apply for a fresh tier-2 general visa in August 2019.
Does this rule of 12 months "cooling period" apply for my current employer as well or can they apply for a fresh visa in December 2018?

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Re: Tier-2 visa re-application by same employer after cancellation

Post by CR001 » Fri Nov 30, 2018 12:10 pm

Has your visa been curtailed or cancelled by HO? You would have received a letter or email most likely.

If yes, the you will be subject to the 12 month cooling off period regardless of who your sponsor is.
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Re: Tier-2 visa re-application by same employer after cancellation

Post by QualtarDemix » Fri Nov 30, 2018 12:26 pm

Thanks for the information.
I am not sure. I'll ask my employer now.
Do I have to complete a "cooling period" of 12 months for both curtailed and canceled visa?

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Re: Tier-2 visa re-application by same employer after cancellation

Post by CR001 » Fri Nov 30, 2018 12:29 pm

Yes.

Curtailed/cancelled is the same thing.

When was the original expiry date of your visa?
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Re: Tier-2 visa re-application by same employer after cancellation

Post by QualtarDemix » Fri Nov 30, 2018 1:00 pm

Original date of expiry was July 2019.

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Re: Tier-2 visa re-application by same employer after cancellation

Post by CR001 » Fri Nov 30, 2018 2:41 pm

And have you had someone check your postal address in the UK to see if a curtailment letter was sent?

Have you checked your email (assuming HO have the correct email address), including the Junk folder?
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Re: Tier-2 visa re-application by same employer after cancellation

Post by QualtarDemix » Fri Nov 30, 2018 4:18 pm

I have never updated any details for visa myself. Everything was done by my company. Nor did I received any letter on my mail including the spam and junk.
I will ask my employer if he has received any document.

Just one more thing.
Right now I have another job offer from the UK but their visa team has suggested that I can't join them because of the 12 month cool off period.
Is there any way I can join them. Perhaps on a different visa. They are willing to sponsor the visa.

Thanks again for all the details.

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Re: Tier-2 visa re-application by same employer after cancellation

Post by CR001 » Fri Nov 30, 2018 4:52 pm

There is no other work permit type visa. It is only Tier 2 available or Tier 5 if you qualify.

Any application outside the UK for a tier 2 will likely be refused if you have not passed the 12 month cooling off period counted from the date you left the UK and HO will ask for evidence of your departure.
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Re: Tier-2 visa re-application by same employer after cancellation

Post by QualtarDemix » Wed Dec 05, 2018 6:02 am

Thanks a lot for all the information.
Can you please suggest how can I get the information directly about my visa status i.e. through the embassy or any portal.
Thanks again.

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Re: Tier-2 visa re-application by same employer after cancellation

Post by CR001 » Wed Dec 05, 2018 6:41 am

Ask your employer to check or phone home office. The embassy can't help you with that.
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Re: Tier-2 visa re-application by same employer after cancellation

Post by QualtarDemix » Wed Dec 05, 2018 10:18 am

Thanks a lot for all the help.
My employer has mailed me that my "work permit" has been canceled. Does that mean that my visa is also canceled?
Please suggest where does that leave me.
I left the UK in August 2018. Do I still have to serve the "cool-off" period if I apply for a tier-2 general visa? Thanks.

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Re: Tier-2 visa re-application by same employer after cancellation

Post by CR001 » Wed Dec 05, 2018 10:21 am

'work permit' IS your visa!

If it is cancelled, then yes you will now be subject to the 12 month cooling off period unless you secure employment earning £159,600 or above, before you can apply for Tier 2 General again.

You might want to phone HO to find out.
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Re: Tier-2 visa re-application by same employer after cancellation

Post by QualtarDemix » Tue Dec 18, 2018 11:19 am

Thanks a ton for all the details. It was very helpful.

I contacted the home office on-
DCAT@homeoffice.gov.uk and
public.enquiries@homeoffice.gsi.gov.uk

They have sent me a form that requires a confirmation signature by a UK based solicitor before they can send me all the visa details.

To be precise-
"The following people can certify the copy of this document:
A legal representative, registered with the Office for the Immigration Services Commissioner (OISC)
A solicitor, barrister or chartered legal executive
A commissioner for oaths
A registered charity"

I don't know any such person. Is there any other way I can get my visa status? Thanks.

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Get current visa status

Post by QualtarDemix » Thu Dec 20, 2018 12:52 pm

My employer has asked a visa firm to cancel my "work permit" in the UK. My tier-2 general visa is valid until July 2019. Please suggest how can I get the details of my visa status from the home office. Thanks.

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Re: Get current visa status

Post by CR001 » Thu Dec 20, 2018 12:54 pm

QualtarDemix wrote:
Thu Dec 20, 2018 12:52 pm
My employer has asked a visa firm to cancel my "work permit" in the UK. My tier-2 general visa is valid until July 2019. Please suggest how can I get the details of my visa status from the home office. Thanks.
Only HO can 'cancel or curtail' your visa. A 'visa firm' cannot do this.

Have you phoned the UKVI helpline or curtailment team??
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Re: Get current visa status

Post by QualtarDemix » Thu Dec 20, 2018 12:55 pm

I am in India at the moment. Please suggest how can I contact the HO. Thanks.

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Re: Get current visa status

Post by CR001 » Thu Dec 20, 2018 12:58 pm

Char (CR001 not Casa)
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Re: Get current visa status

Post by QualtarDemix » Thu Dec 20, 2018 1:08 pm

Thanks a lot for posting the document. Can you please suggest how can I contact the "Home Office" from India to get the current status of my visa.
Thanks a lot for all the help.

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Curtailed visa

Post by QualtarDemix » Mon Dec 24, 2018 12:32 pm

Today I got a mail from the "home office" suggesting-
Your Tier 2 Visa was curtailed on the 2nd October 2018 so that it expires on the 13th January 2019.

Please See Attached

You would no longer be able to use this visa to enter the UK.
Can I enter and leave the UK before 13th January 2019 or apply for a new tier-2 (general) visa?

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Re: Curtailed visa

Post by vinny » Mon Dec 24, 2018 1:12 pm

If you leave the UK, then you cannot return on it.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Re: Curtailed visa

Post by CR001 » Mon Dec 24, 2018 1:23 pm

Char (CR001 not Casa)
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Re: Curtailed visa

Post by CR001 » Mon Dec 24, 2018 1:24 pm

vinny wrote:
Mon Dec 24, 2018 1:12 pm
If you leave the UK, then you cannot return on it.
The OP is already outside the UK and trying to avoid the 12 month cooling off period to return.
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