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Curtailment - can you appeal if stated you do not have the right to appeal?

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Melanieneedshelp
Newly Registered
Posts: 2
Joined: Sat May 19, 2018 2:51 pm
New Zealand

Curtailment - can you appeal if stated you do not have the right to appeal?

Post by Melanieneedshelp » Sat May 19, 2018 5:03 pm

Hi, I hope someone can help me with my situation.

I received a letter advising that my tier 2 visa had been curtailed due to my sponsors license expiring and that I do not have the right to appeal.

However, none of it makes sense to myself or my employer. The letter states that the sponsor licence expired January 2017, yet my visa was granted March 2017. My companies visa had expired and they applied for a new one in February 2017 specifically for me as I am the only person they have sponsored. It seems that this is an administrative error on their side, no? The decision was made 1st May 2018 and my parents received the letter at their address in NZ 18 days later! Nor me or my employer contacted so now we have lost valuable time!

I have travel arrangements to leave the EU this week, can I go? The letter states that my right to enter will lapse if I leave but then I'm allowed to continue using my tier 2 visa until the 14th August.

I'm so confused, please help!

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Djsuccess
Diamond Member
Posts: 1160
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: Curtailment - can you appeal if stated you do not have the right to appeal?

Post by Djsuccess » Sun May 20, 2018 10:18 pm

Melanieneedshelp wrote:
Sat May 19, 2018 5:03 pm
Hi, I hope someone can help me with my situation.

I received a letter advising that my tier 2 visa had been curtailed due to my sponsors license expiring and that I do not have the right to appeal.

However, none of it makes sense to myself or my employer. The letter states that the sponsor licence expired January 2017, yet my visa was granted March 2017. My companies visa had expired and they applied for a new one in February 2017 specifically for me as I am the only person they have sponsored. It seems that this is an administrative error on their side, no? The decision was made 1st May 2018 and my parents received the letter at their address in NZ 18 days later! Nor me or my employer contacted so now we have lost valuable time!

I have travel arrangements to leave the EU this week, can I go? The letter states that my right to enter will lapse if I leave but then I'm allowed to continue using my tier 2 visa until the 14th August.

I'm so confused, please help!
When your sponsor applied for a new sponsor licence in February was it granted? and did your sponsor move you to the new licence?
it is possible that your visa was affected when the sponsor licence expired and if they didn't regularise it then.
it's easy to confirm. Let your sponsor check SMS to see if your COS is listed and what the status is.
They can also check if their licence is still active.
you will have to forgo your travel plans as you might not be allowed back in. leaving the country after curtailment automatically cancels your visa.
You have 2 months to get it sorted, the first place to start is checking that your COS is showing on your sponsor SMS as a sponsored worker. If you are, then the curtailment is a mistake from the UKVI. If you are not, then it's the fault of your sponsor and you might need to look for another sponsor and/or make another application before 14th August ultimatum given to you.
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.

Melanieneedshelp
Newly Registered
Posts: 2
Joined: Sat May 19, 2018 2:51 pm
New Zealand

Re: Curtailment - can you appeal if stated you do not have the right to appeal?

Post by Melanieneedshelp » Tue May 22, 2018 11:23 am

Thanks for your help!
I have checked and my company no longer has an active sponsor license, somehow the company were not aware that this had expired and the date on the letter should have been 2018, not 2017. My company is looking at now renewing their license. But what does this mean for me? Can I keep working for the next 2 months while the application is in process or do I need to cease working immediately? Once my company obtains the renewed license will I need to reapply for my visa and travel back to my home country or can this all be done and transferred in the UK?

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