Tier 2-leave to remain curtailment

[Hesskaz]

Dear all,
I changed my employer around January 2011, and got employed by a new employer. My visa is Tier 2 sponsored by my former employer valid from March 2009 to March 2014.

I've received a letter from home office recently saying that Secretary of State has decided to curtail my leave to remain from March 2014 down to November 2011. This is because my new employer has not pursue my work permit situation with home office and has not notified them of employing me. In nutshell a delay of roughly 7 to 8 months so far.!!

I've been working in London for past 3 years and I've been employed full time. What will be your suggestions to resolve this issue?

1)do you think with the support of my new employer I can file a new Tier 2 application (along with cover letters explaining the misunderstanding that caused the delay)
2)can I change to Tier 1?
3)what benefits I can get if I have a German girlfriend? Can I change to some other category?

Anyother suggestions are more than welcomed!

Many thanks,

[smoothraj]

Dear all,
I changed my employer around January 2011, and got employed by a new employer. My visa is Tier 2 sponsored by my former employer valid from March 2009 to March 2014.

I've received a letter from home office recently saying that Secretary of State has decided to curtail my leave to remain from March 2014 down to November 2011. This is because my new employer has not pursue my work permit situation with home office and has not notified them of employing me. In nutshell a delay of roughly 7 to 8 months so far.!!

I've been working in London for past 3 years and I've been employed full time. What will be your suggestions to resolve this issue?

1)do you think with the support of my new employer I can file a new Tier 2 application (along with cover letters explaining the misunderstanding that caused the delay)
2)can I change to Tier 1?
3)what benefits I can get if I have a German girlfriend? Can I change to some other category?

Anyother suggestions are more than welcomed!

Many thanks,

can you confirm... you moved to your new employer in Jan 2011 not knowing that your original tier-2 work permit was sponsor specific. And you did not know that you cant just change employers at will?

Secondly did your new employer not ask you at the time of employment whether you were legally allowed to work for them?

1)
"cover letters explaining the misunderstanding that caused the delay"

-- what misunderstanding are you referring to here?

2) no you cant swtich to tier-1 Anymore .. ukba has closed that route since March 2011.

3) you will need to check with German immigration consultant -there maybe a geramn equivalent of "unmarried partner visa" category.

but given that your leave to remain has been curtailed to next month..this door may not be open for you..


If you think your employer wants you so badly.. you can surely go back to your home country and apply for tier-2 gen visa from outside UK. As long as you apply within 6 months (and I have read this on other posts here) your UK ILR clock doesn't have to reset.

[Hesskaz]

Yes, I moved Jan 2011, and in my interview with my new employer I clearly stated that my work permit is sponsored by my older employer, and they just slept over it after I moved in and literally forgot to notify Home Office.

By MISUNDERSTANDING I mean the new employer thought that I just have 5 years work permit without noticing that this is sponsor specific.

I hope this answered your question smoothraj

[geriatrix]

Put the blame on whoever you want - your new employer or yourself. Doesn't make any difference!

1. Your employer should have applied for a CoS to sponsor you.
2. You should have made a leave to remain application on the basis of that CoS and should have started working for the new employer only after being granted such leave.

No solution but to leave UK before the date stipulated by UKBA. Do note that you have been in breach of immigration rules since the day you started working for this new employer (without valid leave) and this may affect any future application(s).

[smoothraj]

Put the blame on whoever you want - your new employer or yourself. Doesn't make any difference!

1. Your employer should have applied for a CoS to sponsor you.
2. You should have made a leave to remain application on the basis of that CoS and should have started working for the new employer only after being granted such leave.

No solution but to leave UK before the date stipulated by UKBA. Do note that you have been in breach of immigration rules since the day you started working for this new employer (without valid leave) and this may affect any future application(s).

I agree with sushdmehta's comments. yes this may affect your future applications but as long as you leave the country voluntarily before the stipulated last date (end of November?) and are totally honest in your future applications then it may not be a problem. Just be brutally honest in your cover letter .. wtihout saying things like "my employer just slept over it"... the fault is yours as much as your current employer.. if you knew that your work permit was employer specific.. didnt you think it was advisable to consult an immigration lawyer before joining the new employer to find out if you are allowed to work for new employer even without applyng for a switch!

You could make this really messy .. and get a solicitor's advice .. wiriting to a Member of Parliament in your area etc.. but whats the point.. try exploring the other German visa avenue as well.

[Hesskaz]

But guys,
The letter states:
"You are not required to leave the United Kingdom as a result of this decision."
So, I presume I'm allowed to stay here and follow my case. What do you think,

[geriatrix]

You are allowed to stay in the UK as long as you have valid leave. If your leave has been curtailed to a date in November 2011, you can stay until then - legally.

If your employer can arrange for a CoS then you may submit a leave to remain application before the new end date of your leave (in November 2011). No one can tell you what the outcome of such an application may be, given that you have been in breach of immigration rules since Jan 2011 ... but IMHO ... there is no harm in trying!

[smoothraj]

But guys,
The letter states:
"You are not required to leave the United Kingdom as a result of this decision."
So, I presume I'm allowed to stay here and follow my case. What do you think,

yes you can pursue the case but i think there is little hope. and in the meanwhile you cant even continue to legally work for your current employer. you should seek advice immediately from a top immigration lawyer.. does your employer have access to immigration lawyer.. but i guess best adviced not to use them. if he./she was good then they woudlnt have employed you without a valid work permit and at least done the checks on the day you were employed.

[smoothraj]

You are allowed to stay in the UK as long as you have valid leave. If your leave has been curtailed to a date in November 2011, you can stay until then - legally.

If your employer can arrange for a CoS then you may submit a leave to remain application before the new end date of your leave (in November 2011). No one can tell you what the outcome of such an application may be, given that you have been in breach of immigration rules since Jan 2011 ... but IMHO ... there is no harm in trying!

Agreed! your employer would ofcourse need access to unrestricted CoS as well as done the resident labour market test within the last 6 months. Unless of course your job falls within the Shortage Occupation List.

[arsenal49]

and whatever you do.. do not attract caseworker's attention to this breach of law!

if you do then caseworker will have no option but to refuse your application!

Just kind of dont mention it at all or refer to it anywhere

[geriatrix]

and whatever you do.. do not attract caseworker's attention to this breach of law!

if you do then caseworker will have no option but to refuse your application!

Just kind of dont mention it at all or refer to it anywhere

arsenal49, I hope you realize that, in effect, you are advising the OP to lie / use deception in an immigration application - if the application form asks for such information (e.g.- D18 of the Tier 2 application form for in-country applicant).

I hope you realize that being refused is a much lesser penalty than what the OP may be subject to should he/she follow your suggestion!

[Greenie]

and whatever you do.. do not attract caseworker's attention to this breach of law!

if you do then caseworker will have no option but to refuse your application!

Just kind of dont mention it at all or refer to it anywhere

arsenal49, I hope you realize that, in effect, you are advising the OP to lie / use deception in an immigration application - if the application form asks for such information (e.g.- D18 of the Tier 2 application form for in-country applicant).

I hope you realize that being refused is a much lesser penalty than what the OP may be subject to should he/she follow your suggestion!

and in addition to that - they probably already know he has been working in breach since they know he left his previous employer in Jan this year and have curtailed his leave as a result!

[smoothraj]

and whatever you do.. do not attract caseworker's attention to this breach of law!

if you do then caseworker will have no option but to refuse your application!

Just kind of dont mention it at all or refer to it anywhere

arsenal49, I hope you realize that, in effect, you are advising the OP to lie / use deception in an immigration application - if the application form asks for such information (e.g.- D18 of the Tier 2 application form for in-country applicant).

I hope you realize that being refused is a much lesser penalty than what the OP may be subject to should he/she follow your suggestion!

and in addition to that - they probably already know he has been working in breach since they know he left his previous employer in Jan this year and have curtailed his leave as a result!

and whatever you do.. do not attract caseworker's attention to this breach of law!

if you do then caseworker will have no option but to refuse your application!

Just kind of dont mention it at all or refer to it anywhere

arsenal49, I hope you realize that, in effect, you are advising the OP to lie / use deception in an immigration application - if the application form asks for such information (e.g.- D18 of the Tier 2 application form for in-country applicant).


I hope you realize that being refused is a much lesser penalty than what the OP may be subject to should he/she follow your suggestion!

and in addition to that - they probably already know he has been working in breach since they know he left his previous employer in Jan this year and have curtailed his leave as a result!

Of course they would know.. UKBA work permit case worker for new tiier-2 applications and the UKBA Officer who has sent out this letter of curtailment of leave access the same systems.

Either way DO NOT lie in your application.
Bottomline ..
First and foremost.. get an expert immigration consultant .. the one who will give you time to look at all the facts in detail. You will have to pay for this service!

Option 1: see if your can have all the relevant things that your require to apply for tier-2 Gen work permit. unrestricted Cos+ proof of Resident Labour Market Test (there is still enough time for your employer to advertise and make your application on 30th November. You will have to attach a cover note of course explaining details and sequence of events as they happened.

Obviously no one on this forum can tell you with authority about what decision will be taken.

Option 2 : return to your home country and apply for a tier-2 gen . unrestricted Cos+ proof of Resident Labour Market Test +cover letter.