T2 visa curtailment letter - not received

[sky_rise]

Hi all,

My partner has a T2 General visa and her employer made her redundant, notifying HO at the end of January 2017 that she has been made redundant. Since then, more than 2 months passed and she has not received any letter form the HO giving guidance on staying in the UK. She is checking regularly with her current address, past address, and the employer. Nothing received.

Is this normal, and what should we do? She is looking for another job in the meantime.

many thanks

SR

[hassanh]

Hi,

This is normal. Curtailment letters are usually received after many months. Hopefully she will get a new job before the curtailment letter is received. The only problem she will face will be in ILR in which employment gap of more than 60 days is not allowed.

She is checking regularly with her current address, past address, and the employer

She should keep checking this.

[sky_rise]

Hi,

This is normal. Curtailment letters are usually received after many months. Hopefully she will get a new job before the curtailment letter is received. The only problem she will face will be in ILR in which employment gap of more than 60 days is not allowed.

She is checking regularly with her current address, past address, and the employer

She should keep checking this.

many thanks for your reply. what happens if there is a gap of 60 days or more? there is alreadedy such gap basically...

when she receives a letter - will it be 60 days on top from the date of the letter?

many thanks again

SR

[hassanh]

many thanks for your reply. what happens if there is a gap of 60 days or more?

This is the requirement of ILR based on Tier 2 that there should be no more than 60 days gap in between two employments in the last two years.

when she receives a letter - will it be 60 days on top from the date of the letter?

60 days in between the jobs irrespective of when the curtailment letter is received.

Thanks,

[sky_rise]

many thanks for your reply. what happens if there is a gap of 60 days or more?

This is the requirement of ILR based on Tier 2 that there should be no more than 60 days gap in between two employments in the last two years.

when she receives a letter - will it be 60 days on top from the date of the letter?

60 days in between the jobs irrespective of when the curtailment letter is received.

Thanks,

thank you for your reply. could you please kindly point out where does it say that there has to be no more than 60 days in between switching two different employers? and specifically in the past two years in t2 category before applying for the ilr? I found in the guidance the reference to no more than 60 days after the curtailment letter is received from the HO?

Sorry very confusing situation!

thank you!

[CR001]

See page 22 and 27 in the Caseworker instructions below.

https://www.gov.uk/government/uploads/s ... ds-v13.pdf

And 245AAA (b) in the immigration rules.

https://www.gov.uk/guidance/immigration ... sed-system

[hassanh]

This is the requirement of ILR based on Tier 2 that there should be no more than 60 days gap in between two employments in the last two years.

Apologise, I meant to write last five years. Wrote two years by mistake. CR001 has already provided you the references.

Thanks,
Hassan

[sky_rise]

thank you both very much for your reply and useful information!

understood. so, if there is already 60 days past after a person was made redundant, what is an implication for ILR if the job is found and a person applies for new visa? does it mean impossible to get ILR in the future/ of the number of years on T2 visa to get ILR gets extended beyond 5 years?

thank you!

[sky_rise]

thank you both very much for your reply and useful information!

understood. so, if there is already 60 days past after a person was made redundant, what is an implication for ILR if the job is found and a person applies for new visa? does it mean impossible to get ILR in the future/ of the number of years on T2 visa to get ILR gets extended beyond 5 years?

thank you!

also, if a job is found now, will person be able to switch to the new employer with no problem if it is within the limits defined by HO (after curtailment letter is received etc.)

thank you,

SR

[hassanh]

also, if a job is found now, will person be able to switch to the new employer with no problem if it is within the limits defined by HO (after curtailment letter is received etc.)

She will be able to switch to the new sponsor with no problem now as she has not received the curtailment letter yet. Lets assume, even if she receives the curtailment letter today she will have 60 days from the date of the letter to switch to new sponsor.

does it mean impossible to get ILR in the future/ of the number of years on T2 visa to get ILR gets extended beyond 5 years?

It depends on the case worker, he may disregard and ignore if the gap is for example 70 or 80 days but will not ignore it probably if it is more than that.

All depends on case worker discretion. How many years she has already spent on Tier 2 and when she got her first Tier 2 visa?

Thanks,
Hassan

[sky_rise]

also, if a job is found now, will person be able to switch to the new employer with no problem if it is within the limits defined by HO (after curtailment letter is received etc.)

She will be able to switch to the new sponsor with no problem now as she has not received the curtailment letter yet. Lets assume, even if she receives the curtailment letter today she will have 60 days from the date of the letter to switch to new sponsor.

does it mean impossible to get ILR in the future/ of the number of years on T2 visa to get ILR gets extended beyond 5 years?

It depends on the case worker, he may disregard and ignore if the gap is for example 70 or 80 days but will not ignore it probably if it is more than that.

All depends on case worker discretion. How many years she has already spent on Tier 2 and when she got her first Tier 2 visa?

Thanks,
Hassan

thank you. She is in country from 2010 and received her first T2 in 2013.

[ayanspears]

Hi,

I am in a similar situation (tier 2 - general (restricted)). I have left my last job at the end of January 2017 and have recieved an job offer letter within 60 days i.e. 16th March 2017. My new employer now is in the process of transferring the sponsorship from my old to new employer. The employement start date is however sometime in June due to visa processing timelines.

Given my employment start date exceeds the 60 day period - could this also impact my ILR application even though my offer letter meets the 60 day period (which I accepted)??

Thank you in advance.

[poper]

Hi,

I am in a similar situation (tier 2 - general (restricted)). I have left my last job at the end of January 2017 and have recieved an job offer letter within 60 days i.e. 16th March 2017. My new employer now is in the process of transferring the sponsorship from my old to new employer. The employement start date is however sometime in June due to visa processing timelines.

Given my employment start date exceeds the 60 day period - could this also impact my ILR application even though my offer letter meets the 60 day period (which I accepted)??

Thank you in advance.

Go through the links which CR001 already shared.

https://www.gov.uk/government/uploads/s ... ds-v13.pdf

Breaks in the continuous lawful period:

Where the applicant has a break in employment and applies for further leave as a Tier 2
migrant or a work permit holder to work for a new sponsor or on a new work permit within 60
days of the end of the employment with the previous sponsor or permitted employer, you
must disregard this period for ILR.

[sky_rise]

hi all,

just a quick update - still no letter received since february 2017 (almost 5 months soon).

We have written a letter and posted to home office, and tried calling - but no luck.

How can we find out whether is got lost in the post, or even whether or not it was sent out? To avoid being overstayer!

thanks

SR

[explorer2ryme]

also, if a job is found now, will person be able to switch to the new employer with no problem if it is within the limits defined by HO (after curtailment letter is received etc.)

She will be able to switch to the new sponsor with no problem now as she has not received the curtailment letter yet. Lets assume, even if she receives the curtailment letter today she will have 60 days from the date of the letter to switch to new sponsor.

does it mean impossible to get ILR in the future/ of the number of years on T2 visa to get ILR gets extended beyond 5 years?

It depends on the case worker, he may disregard and ignore if the gap is for example 70 or 80 days but will not ignore it probably if it is more than that.

All depends on case worker discretion. How many years she has already spent on Tier 2 and when she got her first Tier 2 visa?

Thanks,
Hassan

Hello "hassanh"

As you have mentioned sometime case worker would accept 70 or 80 days gap for ILR and not more than that are there any such cases you have seen and on what basis they usually accept? Can you provide more information regarding this statement like UKVI sites references etc.

Thanks in advance and much appreciate response.

[sky_rise]

Hi all,
so an update thus far - we still have not got a curtailment letter and send SAR request to Home office, hoping it might reveal the current status? would this provide clarity whether the curtailment letter was issues or not, and whether a person might be an overstayer?

thanks
SR

[hassanh]

As you have mentioned sometime case worker would accept 70 or 80 days gap for ILR and not more than that are there any such cases you have seen and on what basis they usually accept? Can you provide more information regarding this statement like UKVI sites references etc.

Hi,

There are no such references from UKVI for this. According to UKVI, a person will not be eligible for ILR if the employment gap is more than 60 days.

What I said that its up to case worker if he/she ignore the gap of more than 60 days. I never said that he/she will always apply discretion on these cases. All depends on your luck on the day.

I hope it makes sense now?

Thanks,
Hassan

[hassanh]

so an update thus far - we still have not got a curtailment letter and send SAR request to Home office, hoping it might reveal the current status? would this provide clarity whether the curtailment letter was issues or not, and whether a person might be an overstayer?

Yes it will show the current immigration status.

I am sure it will still be Tier 2 general if you have not changed your address yet as it is quite common for UKVI to generate curtailment letters after many months.

Thanks,
Hassan

[sky_rise]

so an update thus far - we still have not got a curtailment letter and send SAR request to Home office, hoping it might reveal the current status? would this provide clarity whether the curtailment letter was issues or not, and whether a person might be an overstayer?

Yes it will show the current immigration status.

I am sure it will still be Tier 2 general if you have not changed your address yet as it is quite common for UKVI to generate curtailment letters after many months.

Thanks,
Hassan

Thanks for the valuable thought. so theoretically is a person now switches to other categories ie tier 4 student, this will not be a problem?

[sky_rise]

Thought to update this if might be of help to anyone:

Curtailment letter was received following 8-9 months waiting, with another 2 months on it to remain in country.