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is curtailed leave not decided yet if there's no letter

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

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antony_noel
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is curtailed leave not decided yet if there's no letter

Post by antony_noel » Mon Oct 28, 2013 9:48 pm

Hi,

The expiry date of my Tier-2 G visa is still very long, but my job has ended more than 1 month ago.
So basically I want to know what it means if I haven't received any curtailment letter.

I have read the most relevant thread about it :
http://www.immigrationboards.com/viewto ... 5697af0731

I already read the document "Curtailment of Leave" but I am still not sure what it means if I haven't received a letter. Does it mean they haven't made any decision ?

Regards,
Antony

onlooker
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Post by onlooker » Mon Oct 28, 2013 10:44 pm

In the same situation in 2010 several solicitors advised not to wait for UKBA letter and consider the leave curtailed to avoid trouble. In the end, another Tier 2 from a different employer was obtained very close to the maximum 60 day period. The original curtailment letter never came.

vinny
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Post by vinny » Mon Oct 28, 2013 11:14 pm

Similar to students?
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antony_noel
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Post by antony_noel » Tue Oct 29, 2013 2:40 am

I just found in Page 86 of the document :
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Suppose they have our correct address, then the 60 days curtail starts when the letter reach our address (assuming 2 days by post).

manci
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Post by manci » Tue Oct 29, 2013 8:42 am

In the previous version of the document you refer to there were the following paragraphs (now removed):

If you are continuing with the curtailment:

For migrants whose most recent period of leave was granted in the UK before 23 May 2011, you must write to the migrant requesting their passport, biometric residence permit (if appropriate) and two passport photographs.

If the migrant‟s most recent leave was granted in the UK on or after 23 May 2011, you are no longer required to request these documents because a paragraph was included in the approval leaflet to say state the following:

“If your employment ceases prematurely you must return your passport (and BRP) to the UK Border Agency within 28 days in order for us to update your records. If you do not submit your passport (and BRP) we will update our records with the information held on file.”


My reading of the current version of the document is that the HO always has to write to migrants if they curtail their leave.

This is confirmed by para 231 of the current T2 policy guidance:
You will be notified in writing of the immigration decision to restrict the limit on the duration of your leave.

The 60 days curtailment is counted from the date of the HO decision, not from the date you left your employment. It would also depend on when your previous employer informed the HO of the termination.
Last edited by manci on Tue Oct 29, 2013 9:02 am, edited 1 time in total.

manci
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Post by manci » Tue Oct 29, 2013 9:00 am

see above

antony_noel
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Post by antony_noel » Tue Oct 29, 2013 1:09 pm

Thanks for the Para 231 of policy guidance.
I also found a statement in the Page 86 of Curtailment of Leave document :
[i]
It follows that if you intend to curtail leave to 60 days you must only do so if the migrant will have more than 60 days leave remaining on the date that they will receive the decision.[/i]

So I guess in their practice, they will try to set it : 60 days since the migrant receives the letter/email.

manci
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Post by manci » Tue Oct 29, 2013 5:56 pm

antony_noel wrote:Thanks for the Para 231 of policy guidance.
I also found a statement in the Page 86 of Curtailment of Leave document :

It follows that if you intend to curtail leave to 60 days you must only do so if the migrant will have more than 60 days leave remaining on the date that they will receive the decision.


So I guess in their practice, they will try to set it : 60 days since the migrant receives the letter/email. no, it is 60 days from the date of the decision. If they cannot reach you because, say, you moved, the notice will be served to the file and will still be valid

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