COS curtailed - how long does it take post-Brexit?

[maddyjames]

Hi,

I have read on other posts here that the curtailment can take up to several months. I am wondering how this is affected by Brexit and when I should start worrying if I don't receive my curtailment letter (HO definitely have my current address)? I don't want my letter, obviously, as it gives me more time to keep looking for a job - but I'm scared they've started the 60-day countdown and never bothered to tell me, and that I'll actually find a job and then be informed I was supposed to be out of the country months ago.

Am I allowed to keep looking for jobs until I receive the letter? What are my legal obligations here? Any help would be appreciated. I want to stay in the UK, and have no desire to leave - so if I'm able to keep looking for jobs until a letter comes, that's fine - but if not, I need to know what I'm supposed to do if a letter does not show up.

It's causing me a lot of anxiety. Help would be appreciated.

Many thanks in advance.

[iworker]

brexit has no impact at all on current non-eu immigration.
you are allowed to hunt for jobs till you receive your curtailment letter or your visa expires.
However, if there is a gap of more than 60 days between ending of last job to start of new job, u wont be eligible for ilr. U could still get the work visa , so in essence there is no countdown on you as yet.

[CR001]

am wondering how this is affected by Brexit

Nothing to do with Brexit which affects EU citizens mostly.

as it gives me more time to keep looking for a job - but I'm scared they've started the 60-day countdown and never bothered to tell me, and that I'll actually find a job and then be informed I was supposed to be out of the country months ago.

They will send you a letter and yes it does take a few months to get it.

Am I allowed to keep looking for jobs until I receive the letter? What are my legal obligations here? Any help would be appreciated. I want to stay in the UK, and have no desire to leave - so if I'm able to keep looking for jobs until a letter comes, that's fine - but if not, I need to know what I'm supposed to do if a letter does not show up.

Legal obligations - not work for another company until you have a new visa, not claim any benefits. You don't state why your visa has been curtailed or when you left your last job? What is your immigration history?

You should be aware that an employment gap of 60 days or more will make you ineligible for ILR (calculated from date you left last job to date of new tier 2 application with a different sponsor).

[maddyjames]

Hi,

First, thank you both for the kind and prompt replies.

The only reason I was concerned about Brexit was I thought it might delay/change the way HO deals with curtailed COSes. I know Brexit doesn't officially impact me directly, I just wasn't sure if it impacted the HO in terms of priorities for curtailment, etc.

To answer questions:

Legal obligations - not work for another company until you have a new visa, not claim any benefits. You don't state why your visa has been curtailed or when you left your last job? What is your immigration history?

I am still looking for work and haven't worked for another company since then, so that sounds okay. I have claimed no benefits.

The visa was curtailed because I lost my job. Essentially my employer was very aggressive and occasionally abusive, and it was a very bad situation. So I lost that job at the very end of May. I've been looking for work since.

I had been offered a job 3 months ago by a university, was even quoted a salary (above the 30K requirement the solicitor told me I had to have) and start date, but they had to put in more paperwork and repost the job because it didn't qualify for the COS. So then after all that, waiting for 3 mos, they closed the job and called to say they were not going to hire anyone after all. I'm starting to think I have bad luck!

Immigration history - I've been in the UK for 9 years, most of those as a student. I completed my education officially in april 2016, was on a graduate extension visa looking for work, got that bad job, then lost it, and now just throwing job applications everywhere and anywhere I can get.

I still haven't received the letter from HO, they definitely have my correct address, but no letter has come through. So I've just basically been applying for jobs constantly and staring at the letter box nervously every day, unsure what to do since it hasn't arrived.

You should be aware that an employment gap of 60 days or more will make you ineligible for ILR (calculated from date you left last job to date of new tier 2 application with a different sponsor).

Can you clarify for me what this means? Does it mean the 9 years I've spent here (1 year short of ILR!!!) is scratched off completely? Is there anything I can do about this?

I'm open for any suggestions on how to deal with this, I'm quite lost. I've spent 9 years building a life here, and if I have to go back to the States I will be homeless - I have absolutely nothing there and no one. So very happy to hear advice on what to do here, I'm absolutely terrified.

I was told by the solicitor that I would have to find a job that was 30K or more, which is proving very difficult (except for that job I was offered a few months ago by the university). If my LTR is cancelled, does this mean that I can look for jobs that are less than 30K now? Because that would be much more plausible for jobs.

Happy to provide more info if needed, just let me know what you need.

Thank you again for your replies and kindness, I am grateful for your time and help.

[iworker]

the gap being referred to earlier was, in case u were to apply ilr on the basis of 5 years being on tier 2, which doesnt seem to be a problem for you.
All u need is to make sure u have another leave for a year. How u do that is up to u.
if u want to extend tier 2, u will have to be over 30k.
u could apply any other type of visa, if you qualify. eg, student, entrepreneur, etc.

[CR001]

You should be aware that an employment gap of 60 days or more will make you ineligible for ILR (calculated from date you left last job to date of new tier 2 application with a different sponsor).

Can you clarify for me what this means? Does it mean the 9 years I've spent here (1 year short of ILR!!!) is scratched off completely? Is there anything I can do about this?

It would likely affect ILR on the 5 year Tier 2 route.

I'm open for any suggestions on how to deal with this, I'm quite lost. I've spent 9 years building a life here, and if I have to go back to the States I will be homeless - I have absolutely nothing there and no one. So very happy to hear advice on what to do here, I'm absolutely terrified.

Any other visa you might qualify for? Do you have a partner at all??

I was told by the solicitor that I would have to find a job that was 30K or more, which is proving very difficult (except for that job I was offered a few months ago by the university). If my LTR is cancelled, does this mean that I can look for jobs that are less than 30K now? Because that would be much more plausible for jobs.

Yes, the minimum income you must have to get a Tier 2 visa is £30k and the full and proper RLMT must be done before you can be offered the job. No, if your current visa is cancelled, you have no legal status in the UK and you will be required to leave. Do you have a tier 2 general at the moment? YOu cannot get a tier 2 with less than £30k as stated already.

[maddyjames]

Hi, thanks again for the replies.

Yes, the minimum income you must have to get a Tier 2 visa is £30k and the full and proper RLMT must be done before you can be offered the job. No, if your current visa is cancelled, you have no legal status in the UK and you will be required to leave. Do you have a tier 2 general at the moment? YOu cannot get a tier 2 with less than £30k as stated already.

To answer, I am on a T2 visa and I had a COS sponsor, and when I lost the job the solicitor informed me that I would have 60 days from the curtailment letter to find a job or leave. I was told by the solicitor this could take some time, and have seen other posts on this site saying that the curtailment letter could take months to come. I haven't received the curtailment letter so I've just been doing job applications in the hopes of finding a new COS sponsor. As I say, I have no one and nothing in the States - if I'm sent back I will be homeless and have no where to go.

Any other visa you might qualify for? Do you have a partner at all??

I don't think so - I was seeing someone but he recently moved back to Italy, so I doubt I'll be able to find a partner now that would work for a visa partner!

Hope this clarifies? Happy to answer any further questions.

[CR001]

Yes, the minimum income you must have to get a Tier 2 visa is £30k and the full and proper RLMT must be done before you can be offered the job. No, if your current visa is cancelled, you have no legal status in the UK and you will be required to leave. Do you have a tier 2 general at the moment? YOu cannot get a tier 2 with less than £30k as stated already.

To answer, I am on a T2 visa and I had a COS sponsor, and when I lost the job the solicitor informed me that I would have 60 days from the curtailment letter to find a job or leave. I was told by the solicitor this could take some time, and have seen other posts on this site saying that the curtailment letter could take months to come. I haven't received the curtailment letter so I've just been doing job applications in the hopes of finding a new COS sponsor. As I say, I have no one and nothing in the States - if I'm sent back I will be homeless and have no where to go.

Yes you would have 60 days from the date of the curtailment letter, which can take a long time to be sent out, sometimes almost a year. Note thought that this 60 days is separate to the 60 days employment gap mentioned earlier.

What was your SOC code for your last job that you got the tier 2 visa for?

Are you looking at the official Tier 2 sponsor list?

How are you maintaining yourself financially?

[maddyjames]

Yes you would have 60 days from the date of the curtailment letter, which can take a long time to be sent out, sometimes almost a year. Note thought that this 60 days is separate to the 60 days employment gap mentioned earlier.

Okay, so does this mean I can stop having panic attacks in fear that they've started the clock and didn't inform me? and I should just keep applying for jobs? Because that would help me sleep a bit better at night.

Question: if it can take up to a year for them to send that letter, does that mean I'd still be able to apply for the LTR since I've been here 9 years if I were here consecutively for 10 years? Or is that 9 years scratched off now because I haven't been employed?

What was your SOC code for your last job that you got the tier 2 visa for?

I do not know - where would I find this information, I will fetch it for you!

Are you looking at the official Tier 2 sponsor list?

I am, yes. At this point my best option (I think, though I'm happy for advice) is to continue looking at Universities for lecture positions, as they are the ones that primarily have jobs above 30K and COS sponsorship, but I am happy to take advice in this area.

How are you maintaining yourself financially?

My friends are incredible, wonderful amazing people who are letting me stay rent free and food in exchange for cleaning and cooking. So my basics are covered, and I have a tiny savings - not much, but enough to be okay for a little while. I'm just trying to find a plan B just in case, but haven't managed to come up with much.

[CR001]

Okay, so does this mean I can stop having panic attacks in fear that they've started the clock and didn't inform me? and I should just keep applying for jobs? Because that would help me sleep a bit better at night.

Just keep applying.

Question: if it can take up to a year for them to send that letter, does that mean I'd still be able to apply for the LTR since I've been here 9 years if I were here consecutively for 10 years? Or is that 9 years scratched off now because I haven't been employed?

Should not affect ILR based on 10 years long residence.

What was your SOC code for your last job that you got the tier 2 visa for?

I do not know - where would I find this information, I will fetch it for you!

It would have been on the COS you were issued with for your last tier 2 general application.

Are you looking at the official Tier 2 sponsor list?

I am, yes. At this point my best option (I think, though I'm happy for advice) is to continue looking at Universities for lecture positions, as they are the ones that primarily have jobs above 30K and COS sponsorship, but I am happy to take advice in this area.

Suggest apply anywhere you can that is on the list. Don't narrow your search down to only one industry.

[maddyjames]

Okay, so does this mean I can stop having panic attacks in fear that they've started the clock and didn't inform me? and I should just keep applying for jobs? Because that would help me sleep a bit better at night.

Just keep applying.

And the panic attacks? Anything you can do about that?

It would have been on the COS you were issued with for your last tier 2 general application.

I will look through my paperwork and see if I can find you the SOC code.

Suggest apply anywhere you can that is on the list. Don't narrow your search down to only one industry.

Okay - I'll keep going and take another look on that list. Is it worth it to look at employment agencies, or is that just a waste of time.

Thank you again for your time and efforts. This is so confusing and frustrating! I am so sad the academic job fell through, it was perfect! Hopefully a better one around the corner.

[CR001]

And the panic attacks? Anything you can do about that?

Wine!!!!

I will look through my paperwork and see if I can find you the SOC code.

And your job title you had would be good too.

Okay - I'll keep going and take another look on that list. Is it worth it to look at employment agencies, or is that just a waste of time.

Probably a waste of time as they will likely not even get back to you the minute they hear you require sponsorship.

Thank you again for your time and efforts. This is so confusing and frustrating! I am so sad the academic job fell through, it was perfect! Hopefully a better one around the corner.

Stay positive. Post any questions here you might have and we can try help you (obviously no posting of company names etc).

[maddyjames]

Wine!!!!

I can't afford it!

My job title was PR and Communications Officer. I'll see if I can find the paperwork for the SOC code for you as well.

Stay positive. Post any questions here you might have and we can try help you (obviously no posting of company names etc).

Thank you. I'm trying... it's quite difficult when you have so much to lose! On top of it I've had an absolutely dreadful year before this, so... it's really hard to stay positive. But thank you for the kind response and encouragement. I am grateful. Terrified, but grateful. Thanks for taking the time!

[maddyjames]

How are you maintaining yourself financially?

Question: I've been offered some freelance work to edit someone's academic work. Is that allowed? Or can I not event ale on some freelance cash work? Thanks in advance!

[CR001]

How are you maintaining yourself financially?

Question: I've been offered some freelance work to edit someone's academic work. Is that allowed? Or can I not event ale on some freelance cash work? Thanks in advance!

You are not permitted to work in any capacity if you are no longer employed by your Tier 2 Sponsor.

[maddyjames]

Okay. Thank you for that, I appreciate it!

[maddyjames]

So I did just get the letter in the post, I have until January 2018. I'd welcome any advice because I'm spinning out, slightly. I've been here for 9.5 years - I'll take any advice on how to get this sorted, I have no home to go back to!

[maddyjames]

Thank you again for your time and efforts. This is so confusing and frustrating! I am so sad the academic job fell through, it was perfect! Hopefully a better one around the corner.

Stay positive. Post any questions here you might have and we can try help you (obviously no posting of company names etc).
[/quote]

I've just got the letter, so I don't have much time. How does visiting work? Am I allowed to leave the country and then come on a holiday visa to continue looking for jobs? How soon before I can come back -- and will I have to make £30K for a new Tier 2 visa application if this one goes?

I've been here over 9 years -- is there any way I can fight this? If I'm sent back to States, I will be homeless and it will probably be very bad for my mental health. Here I have a support system and friends, I have literally nothing to go back to and no where to go!

[CR001]

How does visiting work? You cannot work as a visitor either. Not sure what you mean by 'how does it work'?

Am I allowed to leave the country and then come on a holiday visa to continue looking for jobs? If you can get the IO to allow you to enter,
which to be honest might not happen at all as they will see your full immigration history and that your visa was curtailed.

How soon before I can come back -- Depends on what visa category.

and will I have to make £30K for a new Tier 2 visa application if this one goes? Yes and you will be subject to the 12 month cooling off period for another Tier 2 General, calculated from the date you leave the UK.

I've been here over 9 years -- is there any way I can fight this? If I'm sent back to States, I will be homeless and it will probably be very bad for my mental health. Here I have a support system and friends, I have literally nothing to go back to and no where to go! Have you looked into any other visa you might qualify for??

[maddyjames]

How does visiting work? You cannot work as a visitor either. Not sure what you mean by 'how does it work'? Am I allowed to leave the country and then come on a holiday visa to continue looking for jobs? If you can get the IO to allow you to enter,
which to be honest might not happen at all as they will see your full immigration history and that your visa was curtailed.

Sorry, I should have been more clear. I know I can't work on a holiday visa, but as I understand it there's a holiday visa that would allow me to stay for up to three months -- could I leave the country and apply for that holiday visa to come here and look for work so that if I do get an interview, I am in country?

How soon before I can come back -- Depends on what visa category.

and will I have to make £30K for a new Tier 2 visa application if this one goes? Yes and you will be subject to the 12 month cooling off period for another Tier 2 General, calculated from the date you leave the UK.

My visa just says Tier 2 General -- so I'm not sure?

I've been here over 9 years -- is there any way I can fight this? If I'm sent back to States, I will be homeless and it will probably be very bad for my mental health. Here I have a support system and friends, I have literally nothing to go back to and no where to go! Have you looked into any other visa you might qualify for??

I tried - I find this entire thing very confusing - I don't even know where to start or what to do! I've been trying to figure it out on my own, but have got no where -- My LTR will be in Sept 2018 -- I was hoping to find something -- and at one point I had a great job offer, but it fell through. I have no idea what to do.

[maddyjames]

PS -- sorry about the formatting issues on the above replies -- I am not great with code and did my best.

[CR001]

As a US citizen, you don't usually need to 'pre-apply' for a visitor visa for up to 6 months, but it really is highly unlikely that you would be allowed to enter the UK as a visitor given your circumstances and visa curtailment.

[maddyjames]

As a US citizen, you don't usually need to 'pre-apply' for a visitor visa for up to 6 months, but it really is highly unlikely that you would be allowed to enter the UK as a visitor given your circumstances and visa curtailment.

Is it possible to write a letter and ask for extra time or something? If I go back to States, I'll be homeless and have no where to go. My entire life is here!

[CR001]

Unfortunately a letter won't mean anything and give you no protection under the immigration act (section 3C)

The only route that MIGHT be possible is FLR(FP) Private Life but if HO feel you don't qualify, you can expect a refusal BUT you might get appeal rights or Administrative Review etc.

Worth looking at the from to understand what the requirements are and if you decide to do that application, I would suggest you apply as close to your last date of curtailment as possible, thereby giving you Section 3C protection and you won't be an overtayer. The application is £993 plus £500 immigration health surcharge.

[maddyjames]

Unfortunately a letter won't mean anything and give you no protection under the immigration act (section 3C)

The only route that MIGHT be possible is FLR(FP) Private Life but if HO feel you don't qualify, you can expect a refusal BUT you might get appeal rights or Administrative Review etc.

Worth looking at the from to understand what the requirements are and if you decide to do that application, I would suggest you apply as close to your last date of curtailment as possible, thereby giving you Section 3C protection and you won't be an overtayer. The application is £993 plus £500 immigration health surcharge.

Okay, I've never heard of this -- I will google and see if this might be possible. Basically the long and short of it is my entire life is here, I have absolutely nothing to go back to in the States - I have basically broken all ties with everyone I knew in the States, and my entire life has been here for almost a decade. And not exaggerating, my mental health is definitely on the line here.

I will try to investigate this -- if you have any other ideas, do let me know.

Thank you very much for your time and assistance - I really genuinely appreciate it!