urgent! please help on my curtailment letter issue.

[mikeduanduan]

My case:
I resigned my job (T2 ) in the UK in Sept. 2016 and went back to my home country. I have not received HO's letter to curtail my T2 visa, so it's still valid. And I went to UK for a interview last month and got the offer. Now I am waiting for the new COS. I have several question below:

1) Can I apply Tier 2 (general, change of employer)?
2) Do I have to apply the new visa in UK only? Some one said Tier 2 (change of employer) should to be applied in UK. If I apply in my home country, it will be a new T2 G and I have to wait for the cooling off period. Is it right?
3) I left my new employer my home country's address when they applied new COS for me. So, the address on my new COS will not be my UK address. Is it a issue if I apply my new T2 visa in UK?

Please help me if any one with such experiences. Thank you very much!

[Frontier Mole]

If you apply from your home country you will have to complete the 12 month cooling off period - which will start from the last date you left the U.K... last month, not September 2016.

You can only apply for a change of employer in the U.K.

If you're COS states you are not in the U.K. then the Sponsor will need a restricted COS and the cooling off period above will apply.

If UKVI have now curtailed your leave and it was noted you were out the country then there is no letter and your visa is killed off on their systems. This leads back to the cooling off period and if you return to the UK to gain entry you might find yourself being returned home as the visa you have is no longer valid.

Technically when you came for your interview you entered the UK under deception as you were no longer employed and should have applied for a visitor visa. So all in all you are in a very poor position.

Safest bet is to wait until your cooling off period is complete in a years time.

[mikeduanduan]

If you apply from your home country you will have to complete the 12 month cooling off period - which will start from the last date you left the U.K... last month, not September 2016.

You can only apply for a change of employer in the U.K.

If you're COS states you are not in the U.K. then the Sponsor will need a restricted COS and the cooling off period above will apply.

If UKVI have now curtailed your leave and it was noted you were out the country then there is no letter and your visa is killed off on their systems. This leads back to the cooling off period and if you return to the UK to gain entry you might find yourself being returned home as the visa you have is no longer valid.

Technically when you came for your interview you entered the UK under deception as you were no longer employed and should have applied for a visitor visa. So all in all you are in a very poor position.

Safest bet is to wait until your cooling off period is complete in a years time.

Hi Frontier Mole, thank you very much for your help. Are you sure of that?--- 'If UKVI have now curtailed your leave and it was noted you were out the country then there is no letter and your visa is killed off on their systems.' I thought I will give a letter to me even I am out of UK. I didnot report to HO when I left UK. Do you mean that HO will check the flights data? Thank you very much.

[mikeduanduan]

I resigned my work (Tier 2) in last September, and come back to my home country in Oct. Up to now, I have not receive the curtailment letter from HO. My friends are still living in my previous house in UK, if the letter has arrived I will know it. Some one in the forum said: 'if you left UK, HO will not send you the letter even the curtailment decision has been made." Does some one know if the saying is true or not? Will HO check all the flight data? If not, how HO can know I have left UK. Please help me.....Thank you very much.

[CR001]

I would strongly suggest you take note of FrontierMole's post/advice, he is one of the most knowledgeable forum member with regards to Tier 2.

HO will likely know you left, surely you scanned your passport/boarding card on departure through the security barriers?

[mikeduanduan]

I would strongly suggest you take note of FrontierMole's post/advice, he is one of the most knowledgeable forum member with regards to Tier 2.

HO will likely know you left, surely you scanned your passport/boarding card on departure through the security barriers?

Thank you for your suggestion. Is there any way to check if my visa is still valid? I have got the COS and want to apply my new visa on 1st Feb in UK. If my Tier 2 visa has been curtail without informing me, I can not apply Tier 2-change of employment any more.....

[poper]

Not for the sake of argument but if the OP's Visa was killed, it should've flashed at the port of entry when the OP re-entered the UK?

[mikeduanduan]

Not for the sake of argument but if the OP's Visa was killed, it should've flashed at the port of entry when the OP re-entered the UK?

Yes, that the way to check if the visa is still valid. The boarder will stop me without a valid visa.

[Frontier Mole]

Curtailment of a visa:
There is a back log in the team that undertake this action. It can takes months for curtailment action to be initiated. However once it enters the casework stage essentially the following happens
Your details are logged onto the system that will prevent entry to the UK so if you are already out of the country then it prevents return as this shows at the port.
They check the system that is used to monitor embarks from the UK. It is not totally accurate as it does not cover all methods of exit and every single carrier. However it will pick up about 90% of embarks.
If no embark then they send a letter.
If there is an embark - no letter.

Will a carrier have curtailment knowledge if you present a valid BRP - NO

[mikeduanduan]

Curtailment of a visa:
There is a back log in the team that undertake this action. It can takes months for curtailment action to be initiated. However once it enters the casework stage essentially the following happens
Your details are logged onto the system that will prevent entry to the UK so if you are already out of the country then it prevents return as this shows at the port.
They check the system that is used to monitor embarks from the UK. It is not totally accurate as it does not cover all methods of exit and every single carrier. However it will pick up about 90% of embarks.
If no embark then they send a letter.
If there is an embark - no letter.

Will a carrier have curtailment knowledge if you present a valid BRP - NO

Hi Frontier Mole, thank you very much for your explanation. Do you think I can entry UK with my offer and new COS, if my visa has been curtailed but still valid (before the curtailed expiry date).
For example, if my visa has been curtailed to 1st Feb, and I get a new offer and cos now but have not submit a new application for T2. Cannot I leave UK and re-entry before 1st Feb? As you said Ho will not send me the letter because I am outside UK, so I am not sure which day is my expiry date but maybe next month. Do you think they will not give my BRP back if I was stoped at London airport, if my visa has been curtailed?

[mikeduanduan]

Curtailment of a visa:
There is a back log in the team that undertake this action. It can takes months for curtailment action to be initiated. However once it enters the casework stage essentially the following happens
Your details are logged onto the system that will prevent entry to the UK so if you are already out of the country then it prevents return as this shows at the port.
They check the system that is used to monitor embarks from the UK. It is not totally accurate as it does not cover all methods of exit and every single carrier. However it will pick up about 90% of embarks.
If no embark then they send a letter.
If there is an embark - no letter.

Will a carrier have curtailment knowledge if you present a valid BRP - NO

Hi Frontier Mole, thanks a lot. I have another question, when HO check the embarks system and found I am outside UK, they will end my visa immediately or still give 60 days?

[Frontier Mole]

If you are showing as out the country then curtailment is immediate.
If you attempt to return with your old BRP and new COS it will be refusal of entry at port. Not a good idea as they will stick you under attempting to enter under deception. 10 year ban and a return home. Best not to attempt that.