Am I an overstayer???

[physicskate]

Dear all,

I am in dire need of advice, as everything I have heard seems rather vague.

I have been in the UK on various visas for the past 8 or so years. I am a Physics teacher (shortage occupation). I worked at a school where I was very unhappy, but they sponsored me as a tier 2 g.

Last spring, I applied for and found a new employer, again as a Teacher of Physics. In teaching, the notice period tends to be very long... (May to leave in September, etc.) so I gave my notice to my previous employer. My contract ended August 31. My new employer still has not received sponsorship. Where does this leave me??? I know my visa should be curtailed to 60 days, but I have received no notice of this happening. Can I put an urgent on my new employers sponsorhsip application??? Help!

Thanks in advance...

[geriatrix]

What is/was the last date of your employment with your most recent employer?
What is the date of expiry of your current leave undr sponsorship from that employer?
Does UKBA have your current address?

[physicskate]

What is/was the last date of your employment with your most recent employer?
What is the date of expiry of your current leave undr sponsorship from that employer?
Does UKBA have your current address?

I left my previous employer 31 August, 2012.
My BRP says August 2014
The UKBA does have my current address (well, I mailed them a change of Circumstances Form and changed it online through the What happens if my circumstances change in the BRP section). So, they SHOULD have my current address.

Can I stay until my new employer gets their sponsorship etc? Via the timelines it probably will be about 3ish more months for them to get sponsorship - hence my massive stress over all this!

Thank you for helping!!!

[manci]

re. curtailment see pages 28-31:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Note that it does make a difference if your current leave was granted before or after 23 May 2011.

[physicskate]

re. curtailment see pages 28-31:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Note that it does make a difference if your current leave was granted before or after 23 May 2011.

So, I need to send them my passport and BRP???? Eh??? How does that make any sense? How would I then be able to leave?? What form is meant to accompany my passport?

This means that I am not currently an overstayer. However, I do not know if I can apply for a new Tier 2 when my new sponsor does eventually get their license. I do feel this whole situation is horrible. If the UKBA had my passport and the license came through, how would I then be able to apply for the new Tier 2 g?? I am confused....

Help! Thank you!!!!

[geriatrix]

According to the linked IDI, 323A(a)(i) attracts mandatory curtailment unless 323A(b)(iv) applies.

This means that I am not currently an overstayer.

May be or maybe not. See Service of notice.

What is the issue date of leave due to expire in Aug-14?
When did you update your contact details online and through post?
Do you have a dependant child under 18?

Have you checked with your previous employer if they have received a notice of curtailment issued to you? If not, please do without delay.

[manci]

Have you checked with your previous employer if they have received a notice of curtailment issued to you? If not, please do without delay.

IMHO once the previous employer reported the termination of the employment through the SMS they have fulfilled their sponsor duty under the PBS and I think it unlikely that they will receive a copy of the notice to curtail the migrant's visa.

There is, however, the question whether the previous employer has actually reported the termination?

Kate, when you were granted your current leave, presumably after 23 May 2011, did you receive the leaflet referred to on p29 of the linked document?

In any case, whether you send your passport and BRP to UKBA or not, according to para 223 of the T2 policy guidance you will be notified in writing of the decision to curtail your visa if and when it happens.

Remember also that the 60 days count from the date UKBA make their decision to curtail a visa, not from the date the employment ceases, and there is a minimum of 4 weeks between these two dates but can of course be more.

It may help if your prospective employer sent a request for urgent treatment of their sponsor licence application to:
sponsorlicensing.support@ukba.gsi.gov.uk
scoc@ukba.gsi.gov.uk
explaining the circumstances (they are in dire need of a physics teacher, found a suitable candidate, shortage occupation, etc etc).