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Premature termination of employment/leave curtailed

General UK immigration & work permits; don't post job search or family related topics!

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Kitty
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Premature termination of employment/leave curtailed

Post by Kitty » Wed Aug 06, 2008 5:55 pm

What are the exit port implications for someone with work permit entry clearance formerly valid until 2012, but curtailed to October 2007 after employment was terminated?

This person has a letter giving notice of variation of leave, but there is nothing in her passport to indicate that her leave is curtailed. If she is questioned on leaving the UK, is it likely that her overstaying will be picked up?

Rather unhelpfully, the notice of variation finishes with the statement, "You are not required to leave the United Kingdom as a result of this decision".
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vinny
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Post by vinny » Wed Aug 06, 2008 11:00 pm

Has she found other employment?
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Kitty
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Location: Southampton, UK

Post by Kitty » Tue Aug 12, 2008 5:02 pm

No new employment since the notice of variation was issued.

She has decided to go now, to take advantage of the October concession, but I wonder what her chances are of not being pegged as an overstayer at her exit port?

She's rather annoyed about the "You are not required to leave the UK..." statement, but the curtailment is clear enough IMO
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vinny
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Post by vinny » Tue Aug 12, 2008 11:47 pm

If her leave had been curtailed, then they would have served her notice and she would have been given rights of appeal.

If she has a letter saying "You are not required to leave the UK...", then her leave has apparently not been curtailed. However, after she departs the UK, she may be refused entry because of her change of circumstances, if she uses the same work permit entry clearance.
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.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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PaperPusher
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Post by PaperPusher » Tue Aug 12, 2008 11:58 pm

Unless...........

A bit like if you get refused a student extension, but still have leave left, the letter says that you are not required to leave the UK as a result of this decision. This is an example..

As far as I am aware, the OP would usually have been given a residence permit of 28 days or so. Once that runs out the OP is an overstayer.

The letter is about "variation of leave" according to the OP.

Kitty, we need some time lines. Such as date of letter, any new residence permit and when that expries. Did you send your passport to the Home Office? Also, does the letter say what the variation of leave is.

Kitty, if it is in the system it is possible that it will be picked up.


PP
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PaperPusher
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Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Wed Aug 13, 2008 12:16 am

Kitty

Are you an advisor of some sort? Your topics are on a very eclectic range of issues compared to other people I have seen on here.

Kitty I referred to "you", but I feel I should have said "another of your friends/clients"!

Regards

PP
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