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manci wrote:this is a difficult situation because:
a) you have a curtailed leave presumably until 2 September BUT a curtailed leave lapses when the migrant leaves the UK, and
b) if you apply for entry clearance with an rCoS the cooling-off period will definitely kick in and you will not be able to return for 12 months.
One possibility is what the solicitor you consulted suggested, i.e. try to sort out the situation in the UK but apart from the £1k fee this is likely to take some time.
You may consider the following RISKY alternative:
Get your sponsor to assign an unrestricted CoS to you on the basis of which you could apply for an extension if you were in the UK. There shouldn't be any problem with the uCoS assuming the sponsor has an available allocation. Then travel to the UK (before 2 September) - even if you don't have a return ticket there shouldn't be any problem with the airline as you have a visa or BRP. At the UK border you may or may not be stopped depending on whether the BFO checks the status of your leave on the system.
If you are stopped you would have to make out a case stating that:
1. you didn't have any notification about the curtailment of your leave before you left the UK and only found out about it by chance afterwards;
2.You now have a new unrestricted CoS and will apply for leave to remain asap after you entered the UK
3.the whole issue arose through the HO's error in granting you the initial leave.
It is by no means certain but IMHO it is unlikely that the BFO would refuse you leave to enter. If necessary ask to speak with the Chief BFO.
Keep in mind the risk/possibility that you may not be allowed to enter the UK.
Who knows which CoS must be created for the propsective employee? The sponsor.If you assign an unrestricted CoS to a migrant for a restricted job, we will immediately revoke your sponsor licence.
Well, the employer is wrong.Porus wrote:Now employer is stating the CoS was valid (Tier 2 -General -Change of Employment) was given to migrant as migrant was working with the employer with TIer 2 ICT short term dependent visa. The mistake employer is citing is that the migrant went out of country and applied visa rather than in UK after receiving the CoS.
The letter states that the expectation was to make an application from within the UK using a uCoS, which is absolutely correct because uCoS can only be used for leave to remain application but the applicant used it for entry clearance. They have not made any reference in the letter to who the applicant was (a PBS dependant, main migrant, Tier 1 migrant, Tier 4 migrant, or someone else) and whether such applicant could have applied for leave from within the UK using a uCoS. That is an inference that you are arriving at, without basis.Porus wrote:My question is now they are saying Unrestricted Cos to a Tier 2 ICT dependent is valid contradicting immigration rules where rCoS has to be given ?. Here Home office supports the employer saying migrant should have applied from UK using uCoS while her visa at that time was Tier 2 ICT dependent ?.
sushdmehta wrote:And why does your solicitor think that the curtailment process has not been adhered to?