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Tier 2 Curtail leave

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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seekinghelp24
Newly Registered
Posts: 3
Joined: Mon Oct 24, 2016 9:15 am

Tier 2 Curtail leave

Post by seekinghelp24 » Mon Oct 24, 2016 12:09 pm

Hi,
I am currently working in the UK on a T2G, however I am planning to prematurely end my employment. I am actively looking for another job to try apply for a new visa before my current visa expires in 2020.

I saw in the UKVI Sponsors guide that they have to advise the HO within 10 working days of termination:
- Is this 10 working days after I have completed the required 30 day notice period with current contract?

Since I'm trying to ascertain how many days I will have left to find a new sponsor, is this then an expected timeline:
1. 30 day notice period ends then HO is advised within 10 working days by sponsor
2. HO takes upto 28 days to decide curtailment period (Is it 28 days, do we know typically how long HO takes?)
3. HO advises migrant (aka me) I have 60 days before I have to leave the UK - 60 days from the date of their decision date on the letter

Also,
- Can I travel outside the UK and back during the 60 day time frame (as long as I can explain to Border Services/show my return ticket/etc.)?
- If I find a new sponsor during (or before) the 60 days are up, do I write a letter to HO advising them and also to request an extension to stay?
- I am allowed to visit the UK for 180 days at a time as a tourist without requiring a visa as I am a Commonwealth citizen. Given the situation with the Tier 2 General, can I stay in the UK past the curtailment, or it is better to exit (visit Europe) and then return to the UK (in case the sponsorship process happens later in the 60 day period), to avoid any issues w Border Services/my immigration file?

Sorry for all the questions, but your help would be greatly appreciated!

poper
Diamond Member
Posts: 1060
Joined: Mon Aug 13, 2012 11:45 am
India

Re: Tier 2 Curtail leave

Post by poper » Mon Oct 24, 2016 6:22 pm

seekinghelp24 wrote:Hi,
I am currently working in the UK on a T2G, however I am planning to prematurely end my employment. I am actively looking for another job to try apply for a new visa before my current visa expires in 2020.

It will be wise to find a a new sponsor before you quit your job

I saw in the UKVI Sponsors guide that they have to advise the HO within 10 working days of termination:
- Is this 10 working days after I have completed the required 30 day notice period with current contract?

Yes

Since I'm trying to ascertain how many days I will have left to find a new sponsor, is this then an expected timeline:
1. 30 day notice period ends then HO is advised within 10 working days by sponsor
2. HO takes upto 28 days to decide curtailment period (Is it 28 days, do we know typically how long HO takes?)
Only god can predict how long HO take to send you a curtailment letter. It could vary between a few weeks to months from what I have heard.
3. HO advises migrant (aka me) I have 60 days before I have to leave the UK - 60 days from the date of their decision date on the letter

Also,
- Can I travel outside the UK and back during the 60 day time frame (as long as I can explain to Border Services/show my return ticket/etc.)?
You will do this at your own risk. Immigration could refuse your entry as it has happened to one of the members of this forum
- If I find a new sponsor during (or before) the 60 days are up, do I write a letter to HO advising them and also to request an extension to stay?
No, You will need to file a new application for Tier 2 General inside the UK
- I am allowed to visit the UK for 180 days at a time as a tourist without requiring a visa as I am a Commonwealth citizen. Given the situation with the Tier 2 General, can I stay in the UK past the curtailment, or it is better to exit (visit Europe) and then return to the UK (in case the sponsorship process happens later in the 60 day period), to avoid any issues w Border Services/my immigration file?
I don't think all Commonwealth citizens have a right to remain without a valid visa. It should depend on your Nationality. What is your nationality? As an Indian(commonwealth country), I have no right to remain if my leave ends
Sorry for all the questions, but your help would be greatly appreciated!
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

seekinghelp24
Newly Registered
Posts: 3
Joined: Mon Oct 24, 2016 9:15 am

Re: Tier 2 Curtail leave

Post by seekinghelp24 » Mon Nov 07, 2016 12:31 am

Hi poper,

Thanks for the replies!

As a Canadian I am allowed to visit the UK for 180 days as a tourist - no visa is required. Just not sure if I can continue to stay in UK for a few days beyond the 60 day curtailment or if it is better to exit and then return to UK as a tourist (but with a ticket back to Canada to show Border Services)?

seekinghelp24
Newly Registered
Posts: 3
Joined: Mon Oct 24, 2016 9:15 am

Re: Tier 2 Curtail leave

Post by seekinghelp24 » Mon Nov 07, 2016 12:33 am

Forgot to ask one other question: upon handing notice to employer, should I also mail a letter to the Home Office advising of my notice? I read on a few forums that it should be done - any thoughts?

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Tier 2 Curtail leave

Post by vinny » Mon Nov 07, 2016 12:45 am

seekinghelp24 wrote:Hi poper,

Thanks for the replies!

As a Canadian I am allowed to visit the UK for 180 days as a tourist - no visa is required. Just not sure if I can continue to stay in UK for a few days beyond the 60 day curtailment or if it is better to exit and then return to UK as a tourist (but with a ticket back to Canada to show Border Services)?
A tourist cannot switch to Tier 2 (General) in the UK, as 245HD(b) fails.

Moreover, applying for Tier 2 (General) entry clearance may be subject to the cooling period under 245HB(g).
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.

mikeduanduan
Newly Registered
Posts: 14
Joined: Sat Jan 14, 2017 1:14 am

Re: Tier 2 Curtail leave

Post by mikeduanduan » Sun Jan 15, 2017 1:22 am

seekinghelp24 wrote:Hi,
I am currently working in the UK on a T2G, however I am planning to prematurely end my employment. I am actively looking for another job to try apply for a new visa before my current visa expires in 2020.

I saw in the UKVI Sponsors guide that they have to advise the HO within 10 working days of termination:
- Is this 10 working days after I have completed the required 30 day notice period with current contract?

Since I'm trying to ascertain how many days I will have left to find a new sponsor, is this then an expected timeline:
1. 30 day notice period ends then HO is advised within 10 working days by sponsor
2. HO takes upto 28 days to decide curtailment period (Is it 28 days, do we know typically how long HO takes?)
3. HO advises migrant (aka me) I have 60 days before I have to leave the UK - 60 days from the date of their decision date on the letter

Also,
- Can I travel outside the UK and back during the 60 day time frame (as long as I can explain to Border Services/show my return ticket/etc.)?
- If I find a new sponsor during (or before) the 60 days are up, do I write a letter to HO advising them and also to request an extension to stay?
- I am allowed to visit the UK for 180 days at a time as a tourist without requiring a visa as I am a Commonwealth citizen. Given the situation with the Tier 2 General, can I stay in the UK past the curtailment, or it is better to exit (visit Europe) and then return to the UK (in case the sponsorship process happens later in the 60 day period), to avoid any issues w Border Services/my immigration file?

Sorry for all the questions, but your help would be greatly appreciated!


How about your situation now? Do you know when you will receive the HO letter after your resignation?

Locked