Travelling abroad during 60-day curtailment period

[drs1832]

Hi,
I'm currently on a Tier 2 General visa and have served my notice on December 12th, 2016, with an agreed leave date with my company of March 10, 2017. My visa is valid through July of 2017, however I know it will be curtailed once UKVI processes the resignation. I have not yet received the confirmation of the curtailment decision.

My question is: if I end up travelling abroad in late February (by which time I'm likely to have received my curtailment letter) for leisure, what documentation can I provide to ensure re-rentry to the country as I will still be employed? I know I'll be questioned, but my thoughts were that I could provide proof from my employer confirming my final day of employment, as well as the flight itinerary showing my eventual return to my home country prior to the end of the 60 day "wrap-up" period (which will be in the yet-to-be-received curtailment letter) I can ease any worry about me overstaying my visa curtailment date. My fear is that even with this proof that I'll be blocked from re-entering the country because I've left voluntarily after I received the curtailment letter (despite my visa not yet being curtailed, only being notified of the curtailment)...

[noajthan]

You can get a handle on such critical questions here:
https://www.gov.uk/government/uploads/s ... tv16.0.pdf

[drs1832]

Thanks for the reply and detailed information noajthan. I'll review the extensive 100-page document, but was also hoping someone who had experienced these same circumstances could comment more specifically as I suspect it will take some time to review the full contents of the mentioned doc and find any relevant information.

Thanks!

[CR001]

A curtailment letter is only sent, if it is sent, once you have left your employer. They have an obligation to notify HO within (I think) 10 days of your termination/leaving the company.

How long HO takes from there to issue a curtailment letter is anyone's guess. A point to note is that if you are outside the UK (after you leave job), HO do not usually send a curtailment letter, your visa will be cancelled or curtailed automatically.

[drs1832]

Thanks Char. So if I'm reading your reply correctly, you're saying that I wouldn't actually receive a curtailment letter until some unspecified time after March 10th (the date which I agreed with my employer as my final day of employment)? I was expecting the process to start after the 10 day notification period, meaning that I would potentially receive my curtailment letter while still actively employed.

Am I interpreting this correctly? If so, that puts me more at ease as there will be very little time between when I leave my job and when I leave the country for good. This potential trip would be after I've served notice, but before I've actually left my job.

Please let me know if you can confirm I have the timelines correct!

[CR001]

Your understanding is correct. You are still employed by your sponsor and they are required to notify HO once you leave their employment.

[noajthan]

The point is you may not get back in country - check the doc.

[drs1832]

Thanks noajthan, that's definitely what I want to confirm. I guess taking a step back it's a case of confirming this point then: does the HO get notified of a chance of circumstances within 10 days of me serving my notice of resignation, or within 10 days of my actual final day of employment? If it's the latter, then I wouldn't expect them to have any information on file that would make them think I wasn't intending to serve out the full period of my visa (until July 2017) and then I wouldn't have any concern about re-entering the country...

[CR001]

Suggest read the link that noajthan provided, page 29 onwards is relevant to you.

[mikeduanduan]

A curtailment letter is only sent, if it is sent, once you have left your employer. They have an obligation to notify HO within (I think) 10 days of your termination/leaving the company.

How long HO takes from there to issue a curtailment letter is anyone's guess. A point to note is that if you are outside the UK (after you leave job), HO do not usually send a curtailment letter, your visa will be cancelled or curtailed automatically.

CR001：I resigned and leave my previous employer in August and went back to home country. Then I came back to UK last November and up to now I didnot get any home office's letter. You said ' if you are outside the UK (after you leave job), HO do not usually send a curtailment letter, your visa will be cancelled or curtailed automatically'. Are you sure of that? I may have illegal stay if your saying is true. Thank you very much.

[CR001]

A curtailment letter is only sent, if it is sent, once you have left your employer. They have an obligation to notify HO within (I think) 10 days of your termination/leaving the company.

How long HO takes from there to issue a curtailment letter is anyone's guess. A point to note is that if you are outside the UK (after you leave job), HO do not usually send a curtailment letter, your visa will be cancelled or curtailed automatically.

CR001：I resigned and leave my previous employer in August and went back to home country. Then I came back to UK last November and up to now I didnot get any home office's letter. You said ' if you are outside the UK (after you leave job), HO do not usually send a curtailment letter, your visa will be cancelled or curtailed automatically'. Are you sure of that? I may have illegal stay if your saying is true. Thank you very much.

Please refrain from tagging your question onto other members topics, it is unfair to the OP. You have your own topic where FrontierMole has given you good advice, which you should take note of. Please continue any further questions regarding your own situation in your topic.
http://www.immigrationboards.com/uk-tie ... l#p1442964