Have I jeopardised my chances for a Tier 2 Visa after Tier 4 curtailment?

[genoscaribibibo]

I came to the UK on a tier 4 visa for a PhD but encountered several issues (personal and family) during my studies which culminated in my withdrawal by the university for non-engagement, 1 year and 1 month after my start date.

The university informed me about reporting to home office for curtailment and that I should stop working and leave as soon as possible to avoid overstaying. I have not received any curtailment letter since and on checking the status of my work rights in the home office website, it still remains valid.

Now the main issue...

I was working part time prior to the withdrawal, and I have applied for some full time positions with possibility for Tier 2 Visa sponsorship. I am in advanced stages in some selection processes and there is a chance I may land a job.

BUT...

I have been working after receiving the letter from the university about curtailment to save up money for my flight tickets/departure should I not get any job to remain legally.

QUESTIONS

Is there a way the home office will find out if/when I make a new Visa application? And what options do I have in other to correct this if possible.

Secondly, for the sake of the Visa application/COS, do I need to explain to the potential employers what was the actual reason for my course ending/withdrawal?

I have less than a month to the end of the 2 month period from the date of withdrawal notification from the university. Suppose I do not get the letter from the home office, my plan is to leave before that date if I do not get any offer. What effect will my overall situation have on my future applications?

[sah10406]

I have been working after receiving the letter from the university about curtailment to save up money for my flight tickets/departure should I not get any job to remain legally.

If you informed the employer that your Tier 4 visa is being curtailed, and they had confirmation from the Home Office that they could continue to employ you, that is fine.

UKCISA explains the position in their guide to Tier 4 work:

The Tier 4 policy guidance says that "If you stop studying before completing your course, you will no longer be entitled to work and will be in breach of your conditions of leave if found working". However, the Home Office publication, An employer's guide to right to work checks states that you may continue working until the new end date of your curtailed Tier 4 leave. We have asked the Home Office which guidance is correct. Until we receive an answer and the two sets of guidance say the same thing, you should not work if you have not completed your course, unless the Home Office has confirmed to your prospective employer that you will not be in breach of your conditions.

For links to the guidance quoted, see https://www.ukcisa.org.uk/Information-- ... layer-6645

Is there a way the home office will find out if/when I make a new Visa application? And what options do I have in other to correct this if possible.

As advised above, it may be fine.

Secondly, for the sake of the Visa application/COS, do I need to explain to the potential employers what was the actual reason for my course ending/withdrawal?

If they ask, of course yes.

I have less than a month to the end of the 2 month period from the date of withdrawal notification from the university. Suppose I do not get the letter from the home office, my plan is to leave before that date if I do not get any offer. What effect will my overall situation have on my future applications?

Any future Tier 2 application (or Skilled Worker application after 1 January 2021) would not benefit from the Tier 4 switching rules, although under Skilled Worker the difference will be fairly minor anyway.