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RLMT and switching employers

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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heymikey1981
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Curtailment letter received -- what are my options?

Post by heymikey1981 » Tue Jul 18, 2017 4:22 pm

Hello,

I came to the UK under the Tier 5 Youth Mobility Scheme, which was valid for two years. After that, my employer sponsored me for a Tier 2 visa that is valid for 5 years (up to 2019). I have received a letter a couple of weeks ago saying that my sponsor's license expired on June 2016 and they are curtailing my visa from 2019 to about 60 days from now. I have to leave the UK by 3 Sept 2017.

It came as a shock as my employer never told me that their sponsor license has expired. I thought I was all set up to 2019 that I was even seriously considering buying a flat here.

I have been here in the UK for 5 years now, but because my first 2 years was under the Tier 5 YMS visa, I am still not qualified for ILR.

I don't know what to do. Do I have time to find another employer that can sponsor me? I don't even know if my current employer even wants to renew their sponsorship license as we had layoffs / redundancies last year (about the same time they let their sponsorship license expired). Do I start saying my goodbyes and start packing? It sucks as I have made good friends and maybe a potential relationship about to start. And I'm going to miss the cheap flights around Europe and 5 weeks of holidays.

I just feel so anxious. Any help?

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CR001
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Re: Curtailment letter received -- what are my options?

Post by CR001 » Tue Jul 18, 2017 6:56 pm

1. Find another sponsor asap.

2. Find another visa you qualify for.

3. Leave UK on 3rd September latest.

Have you spoken to your employer?
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heymikey1981
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RLMT and switching employers

Post by heymikey1981 » Wed Aug 02, 2017 11:48 pm

I am currently on a Tier 2 General visa and I need to switch employers. Will the job I apply for be subjected to an RLMT even though I am already a UK resident?

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CR001
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Re: RLMT and switching employers

Post by CR001 » Thu Aug 03, 2017 9:29 am

Yes, RLMT is required.
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Djsuccess
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Re: Curtailment letter received -- what are my options?

Post by Djsuccess » Thu Aug 03, 2017 9:43 pm

heymikey1981 wrote:Hello,

I came to the UK under the Tier 5 Youth Mobility Scheme, which was valid for two years. After that, my employer sponsored me for a Tier 2 visa that is valid for 5 years (up to 2019). I have received a letter a couple of weeks ago saying that my sponsor's license expired on June 2016 and they are curtailing my visa from 2019 to about 60 days from now. I have to leave the UK by 3 Sept 2017.

It came as a shock as my employer never told me that their sponsor license has expired. I thought I was all set up to 2019 that I was even seriously considering buying a flat here.

I have been here in the UK for 5 years now, but because my first 2 years was under the Tier 5 YMS visa, I am still not qualified for ILR.

I don't know what to do. Do I have time to find another employer that can sponsor me? I don't even know if my current employer even wants to renew their sponsorship license as we had layoffs / redundancies last year (about the same time they let their sponsorship license expired). Do I start saying my goodbyes and start packing? It sucks as I have made good friends and maybe a potential relationship about to start. And I'm going to miss the cheap flights around Europe and 5 weeks of holidays.

I just feel so anxious. Any help?

Your employer most likely forgot the expiry date. And most likely the Authorising office or key contact person has not replied to UKVI's reminder. UKVI would usually send a reminder 3 months before the expiration and every month till the expiry day. So is either they have not seen the reminders or the person in charge simply ignored the reminders. Have you had change on personnel? May be a level 1 user or key contact person has left your company without doing a proper handover.

Your sponsor will have to apply for another licence asap.

and as others have advised you, start looking for another sponsor asap.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

heymikey1981
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Re: RLMT and switching employers

Post by heymikey1981 » Fri Aug 04, 2017 8:20 am

If I find a sponsor and I lodge an application just after my curtailment date, will that application still be valid?
If I overstay about a week or two just to see what my chances are, would that still be ok?
This RLMT is killing my chances where I was only given 60 days notice and any job I apply for needs to be up for 28 days. I've had several calls from recruiters, but the moment they find out I need sponsorship, they couldn't hung up faster.

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CR001
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Re: RLMT and switching employers

Post by CR001 » Fri Aug 04, 2017 9:12 am

If I find a sponsor and I lodge an application just after my curtailment date, will that application still be valid?
No it won't be valid.
If I overstay about a week or two just to see what my chances are, would that still be ok?
No, it won't be ok, You will be an overstayer.
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heymikey1981
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Re: RLMT and switching employers

Post by heymikey1981 » Fri Aug 04, 2017 3:27 pm

Hi CR001,
In another thread (link here), someone mentioned that "one may make a leave to remain application within 28 days of the last date of curtailed leave" . Is this not correct?

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CR001
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Re: RLMT and switching employers

Post by CR001 » Fri Aug 04, 2017 9:10 pm

The rules have changed somewhat since 2015. There is no 28 day period. It is 14 days but you should apply before your visa expires as you will have no rights or section 3C protection if applying after visa expiry.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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