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Wrong curtailment of leave notice after changing sponsor

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

gsr2012
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Wrong curtailment of leave notice after changing sponsor

Post by gsr2012 » Thu Sep 24, 2015 8:46 pm

Hi everyone,

This is my first post so forgive me if I make any mistakes.

I am on Tier-2 General visa sponsored by one Big four companies. I have in February switched sponsor from one company to another and obtained a valid Tier-2 General visa which is now expiring in February 2018.

Suddenly today I received a letter from Home Office saying that my leave has been curtailed and I must leave UK by 27 November 2015. The reason is my previous employer has notified Home Office that I left their job. But I have applied for Tier-2 General visa on premium before leaving the job and now hold a valid visa.

Home Office letter says "Home Office records have been checked and there is no evidence that you have made a fresh application for entry clearance, leave to remain in the UK in any capacity". Which I think is a mistake on their part.

Can any expert please advise what I should do next. Is it common to get a letter from Home Office once you switch employers? Should I ignore the letter ? or should I contact a lawyer?

Thanks
Sandy

kimosaby
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Re: Wrong curtailment of leave notice after changing sponsor

Post by kimosaby » Thu Sep 24, 2015 10:40 pm

Exactly same situation and same letter......

Does anybody know what it mean?

vinny
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Re: Wrong curtailment of leave notice after changing sponsor

Post by vinny » Fri Sep 25, 2015 12:07 am

It means that they have made a mistake. Write back and tell them so.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ff88
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Location: United Kingdom

Re: Wrong curtailment of leave notice after changing sponsor

Post by ff88 » Fri Sep 25, 2015 7:24 am

Its very simple. Dont get tensed. Simply write them back with copy of your new BRP. Write a professional letter and advise them to kindly check their records. Do attach all the paperwork of your premium application. Like confirmation of booking of premium service, amount paid receipt, decision letter given etc.

gsr2012
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Re: Wrong curtailment of leave notice after changing sponsor

Post by gsr2012 » Fri Sep 25, 2015 8:55 am

@vinny and @ff88

Thanks for the reply, but how do I write them back? I have no email id or phone number.

Do you think if I send them a letter to the address mentioned on it they will honor it and read it?
Or do I have to approach a lawyer who will then do the job for me?

Thanks
Sandy

Lynz1988
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Canada

Re: Wrong curtailment of leave notice after changing sponsor

Post by Lynz1988 » Fri Sep 25, 2015 10:08 am

I have a feeling I will be in the same boat shortly (was made redundant in July but been approved last week for a new visa with a new sponsor and have not yet received a curtailment letter from my employment with my previous sponsor). I will simply write back to them informing them that I have a new sponsor/job and send a copy of the approval letter (and BRP IF I ever receive it!!!! Been waiting for a week now and I'm getting antsy....)

I would just write the letter and not worry about getting a lawyer involved. I would probably ask for some tracking on it just to be sure that it reached its destination but I'm a bit over-cautious and don't trust people/systems that much ;)

gsr2012
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Re: Wrong curtailment of leave notice after changing sponsor

Post by gsr2012 » Tue Sep 29, 2015 5:13 pm

Just wanted to let you guys know and any future candidates who might receive these kind of letters that I got a confirmation today that the letter was sent in error and HO would reinstate my stay in UK.

Thanks for your replies.

eris1220
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Re: Wrong curtailment of leave notice after changing sponsor

Post by eris1220 » Wed Oct 14, 2015 2:26 pm

@ gsr2012

I got the same letter and situation this morning.
I called the visa and immigration and was asked to email them back, but it is mentioned not to reply via that curtailment email. Did you write back to them before you got the confirmation? Can you inform me of the address?

Thanks!

vikshi
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Re: Wrong curtailment of leave notice after changing sponsor

Post by vikshi » Fri Oct 16, 2015 10:17 am

Hi friends, do we get curtailment letter as post or as an email? and where do I check to which address they have of mine.

rodvmu
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Re: Wrong curtailment of leave notice after changing sponsor

Post by rodvmu » Thu Jul 06, 2017 4:49 pm

I know this thread is a bit old, 2 years old, but I'm experiencing the same issue. 6 months after I changed sponsors, I received an email yesterday from the home office because they still think I should be with my previous employer, so they gave me notice that I have 60 days to leave. As if they don't know I'm already employed by a different company.

Can anyone tell me exactly what did you get in touch with them? You can't find a phone number or email anywhere. I just don't want to go all the way to Croydon without even knowing if it's the right place to solve this issue.

Regards,

ukb257
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Re: Wrong curtailment of leave notice after changing sponsor

Post by ukb257 » Fri Jul 07, 2017 2:51 pm

rodrigouchoa wrote:I know this thread is a bit old, 2 years old, but I'm experiencing the same issue. 6 months after I changed sponsors, I received an email yesterday from the home office because they still think I should be with my previous employer, so they gave me notice that I have 60 days to leave. As if they don't know I'm already employed by a different company.

Can anyone tell me exactly what did you get in touch with them? You can't find a phone number or email anywhere. I just don't want to go all the way to Croydon without even knowing if it's the right place to solve this issue.

Regards,
Hi rodrigouchoa,

I am in the same situation. Could you please let me know if you know anything?

Regards,

Uday

rodvmu
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Re: Wrong curtailment of leave notice after changing sponsor

Post by rodvmu » Fri Jul 07, 2017 3:11 pm

Hi rodrigouchoa,

I am in the same situation. Could you please let me know if you know anything?

Regards,

Uday
Hi! Still unsure. I've spoken with the HR from my current company, and they've been trying to get in touch but it's difficult to know who we should talk to. I'll let you know as soon as we find out.

ukb257
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Re: Wrong curtailment of leave notice after changing sponsor

Post by ukb257 » Fri Jul 07, 2017 3:52 pm

rodrigouchoa wrote:
Hi rodrigouchoa,

I am in the same situation. Could you please let me know if you know anything?

Regards,

Uday
Hi! Still unsure. I've spoken with the HR from my current company, and they've been trying to get in touch but it's difficult to know who we should talk to. I'll let you know as soon as we find out.
Thank you very much rodrigouchoa.

Looking forward to hear from you.

Regards,

Uday

rodvmu
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Re: Wrong curtailment of leave notice after changing sponsor

Post by rodvmu » Mon Jul 10, 2017 3:29 pm

Latest update: After spending 3 days getting in touch with the help desk from UKVI, they said they have no idea how to rectify this issue. They also don't know WHO, or what address I should contact about this. Their best guess was that I should write back via regular mail to the same address written on the curtailment letter I received.

If anyone know who should be contacted, please let me know. I'm getting desperate.

Best,

ukb257
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Re: Wrong curtailment of leave notice after changing sponsor

Post by ukb257 » Wed Jul 12, 2017 4:35 pm

rodrigouchoa wrote:Latest update: After spending 3 days getting in touch with the help desk from UKVI, they said they have no idea how to rectify this issue. They also don't know WHO, or what address I should contact about this. Their best guess was that I should write back via regular mail to the same address written on the curtailment letter I received.

If anyone know who should be contacted, please let me know. I'm getting desperate.

Best,

Hi Rodrigouchoa,

I spoke home office via the number provided in the email(0300 1232 241) and explained him the whole situation.

the best suggestion he could come up is to reply to the same email by attaching my BRP.

when I tried to reply to that email this is what I got

Thank you for your email.



Please note that we are unable to answer emails sent to this mailbox however the following may offer some assistance:



Request for Curtailment Notice

If you have requested a curtailment letter following your sponsors licence being revoked or surrendered please note that we do not routinely take curtailment action on an ad-hoc basis and are therefore unable to action your request at this current time. Please be assured that UKVI will issue a curtailment letter to you in due course.



Request for Curtailment Notice - less than 60 days leave remaining

It is Home Office policy to curtail a person's leave to 60 days when you no longer have a sponsor or your sponsor's licence is revoked or surrendered however, curtailment involves limiting a person's leave to 60 days, and if you have less than 60 days leave remaining, we cannot take any further action and a curtailment letter will not be issued to you.



Request for Curtailment Notice in order to obtain a new CAS/COS

We do not require colleges to have sight of a 60 day letter prior to granting a person a CAS/COS. If the colleges/employers you have contacted have asked you to supply them with a copy of your curtailment notice, this is a requirement imposed by the colleges/employer, rather than by the Home Office.



Please note that we do not routinely take curtailment action on an ad-hoc basis and are therefore unable to action your request at this current time. Please be assured that UKVI will issue a curtailment letter to you in due course.



Sponsor loses Licence

You will need to find a new sponsor in order to make a new application for leave to remain in the United Kingdom. You’ll need to find a new course with a different education provider or a new job and sponsor if your sponsor loses their license. Your new education provider/employer will need to sponsor you.



If your sponsor no longer has a licence, we will consider curtailing your leave to 60 days and this includes cases where your sponsor’s licence has been revoked, has expired and where the sponsor has voluntarily surrendered their licence.



However; please note that we do not routinely take curtailment action on an ad-hoc basis and are therefore unable to action your request at this current time. Please be assured that UKVI will issue a curtailment letter to you in due course.



You may wish to visit the following links for more information on the Curtailment process https://www.gov.uk/government/publicati ... t-of-leave and what to do if your sponsor loses their licence: https://www.gov.uk/student-sponsor-loses-licence



Response to a Curtailment Notice

If you have received a curtailment notice via email and you are outside of the United Kingdom or unsure as to why you have been sent this, please note that Curtailment is mandatory because if you have stopped study or work under paragraphs 323A.(a)(i)(2) and 323A.(a)(ii)(2) of the Immigration Rules. You may wish to visit the following link for more information on the Curtailment process: https://www.gov.uk/government/publicati ... t-of-leave



Tier 4 Students

If you wish to find an alternative sponsor you should refer to the sponsor register on the GOV.UK website.



The Home Office cannot assist students seeking a refund of any educational fees. You should discuss any such issues directly with the institution involved and if you feel that you have been the victim of financial fraud, then you should contact the Police or seek legal advice.



Information for Sponsors:

If you are a sponsor and need information or assistance for student and worker sponsors, including full policy guidance, using the sponsorship management system and how to get help, please use the following link: https://www.gov.uk/government/collectio ... -educators



If you work at a UK educational establishment or are a Tier 4 sponsor you may wish to contact educatorshelpdesk@homeoffice.gsi.gov.uk and Educators Helpline on 0300 1234 699.



Further Ways to Contact

For any other general queries you will need to contact the Home Office as detailed on our website: https://www.gov.uk/government/organisat ... mmigration



Again, we are unable to answer emails sent to this mailbox.



Kind regards,

Manchester Curtailment Team

rodvmu
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Re: Wrong curtailment of leave notice after changing sponsor

Post by rodvmu » Wed Jul 12, 2017 9:18 pm

@ukb257,

Had already tried that and got the same automatic message. Which is useless. It still doesn't state what departament/telephone/address should be contacted.

ukb257
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Re: Wrong curtailment of leave notice after changing sponsor

Post by ukb257 » Mon Jul 17, 2017 10:29 am

rodrigouchoa wrote:@ukb257,

Had already tried that and got the same automatic message. Which is useless. It still doesn't state what departament/telephone/address should be contacted.

@rodrigouchoa

Have contacted a solicitor and he advised me to drop a letter to the curtailment team mentioned in the email you have received attaching your BRP and any other relevant documents (if you had a premium appointment then you can attached the letter as well). when I spoke o the home office they gave me this address

Manchester Curtailment Team,
POBOX 99
Manchester
M903WW.

Regards,

Uday

rodvmu
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Re: Wrong curtailment of leave notice after changing sponsor

Post by rodvmu » Mon Jul 17, 2017 10:51 am

@rodrigouchoa

Have contacted a solicitor and he advised me to drop a letter to the curtailment team mentioned in the email you have received attaching your BRP and any other relevant documents (if you had a premium appointment then you can attached the letter as well). when I spoke o the home office they gave me this address

Manchester Curtailment Team,
POBOX 99
Manchester
M903WW.
Hi! Thanks a lot I ended up sending a letter to the address on the curtailment notice, which was:

UK Visas and Immigration
TMNT
PO Box 3468 Sheffield
S3 8WA

It's hard to tell if it's the right one. The people from the H.O. help desk just said "send back a letter to the same address where you got your notice from". THat's what I've done.


Let me know how it goes for you. I'll keep you posted as well. Cheers!

ukb257
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Re: Wrong curtailment of leave notice after changing sponsor

Post by ukb257 » Tue Jul 18, 2017 11:16 am

Hi! Thanks a lot I ended up sending a letter to the address on the curtailment notice, which was:

UK Visas and Immigration
TMNT
PO Box 3468 Sheffield
S3 8WA

It's hard to tell if it's the right one. The people from the H.O. help desk just said "send back a letter to the same address where you got your notice from". THat's what I've done.


Let me know how it goes for you. I'll keep you posted as well. Cheers![/quote]

Hi,

I have received an email from Home Office saying "Important Notice from the Home Office – Decision to Reinstate Leave".

looks like they have sorted it out for me.

Regards,

Uday

rodvmu
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Re: Wrong curtailment of leave notice after changing sponsor

Post by rodvmu » Tue Jul 18, 2017 11:25 am

Hi,

I have received an email from Home Office saying "Important Notice from the Home Office – Decision to Reinstate Leave".

looks like they have sorted it out for me.

Regards,

Uday
That's great news! How long did it take them? When was it that you received the curtailment notice via email?

ukb257
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Re: Wrong curtailment of leave notice after changing sponsor

Post by ukb257 » Tue Jul 18, 2017 3:38 pm

That's great news! How long did it take them? When was it that you received the curtailment notice via email?[/quote]

I have received the notice on 7th July, I have sent them an post(next day delivery) and they came back to me today.

ABasu
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Re: Wrong curtailment of leave notice after changing sponsor

Post by ABasu » Wed Jul 19, 2017 10:33 am

So I am in the same boat as of today!

I changed sponsors in December and today morning I got an email stating that my leave has been curtailed. Now looking at these responses, I think I need to send a letter back to the team that sent the email (Sheffield address). I have already informed the HR.

As I understand, I need to send copies of my current BRP with the letter? Anything else that I need to send out?

I will keep you all posted.

rodvmu
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Re: Wrong curtailment of leave notice after changing sponsor

Post by rodvmu » Wed Jul 19, 2017 10:40 am

So I am in the same boat as of today!

I changed sponsors in December and today morning I got an email stating that my leave has been curtailed. Now looking at these responses, I think I need to send a letter back to the team that sent the email (Sheffield address). I have already informed the HR.

As I understand, I need to send copies of my current BRP with the letter? Anything else that I need to send out?
I've sent everything I had. Application form, copy of BRP, copy of passport. You never know, right? Although logic tells us the only thing they'd need is the BRP.

I sent my letter last Thursday, 13/july, it should have reached them the next day. Still waiting for an answer. To make matters worse, I was out of the Country on holidays when I received the curtailment notice... So when I got back I was stopped by the immigration officer so he could understand what was going on. He even called my current company to make sure I really worked there.

I'll keep you posted as well :)

ABasu
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India

Re: Wrong curtailment of leave notice after changing sponsor

Post by ABasu » Thu Jul 20, 2017 10:17 am

Update

so.. i wrote a nice long letter to the UKVI team in Sheffield and sent it today with the following documents
1. Copy of BRPs for me and my 2 dependants
2. Copy of the CoS issued by the new employer
3. Copy of passport front pages for all 3 of us.
4. Copy of payment for application and health surcharge.
5. Copy of application receipt acknowledgement by the immigration team in Sheffield (Yeah, the same office)
6. Copy of the notice of curtailment of leave that they sent me.

Now, its time to wait.

My only question is that on the notice for curtailment, it says that I have no right to appeal, etc. Will that be of any concern?

Again, will keep you all posted :)

rodvmu
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Re: Wrong curtailment of leave notice after changing sponsor

Post by rodvmu » Sat Jul 22, 2017 3:55 pm

I finally received a regular letter (not email) from the Home Office today acknowledging their mistake and reinstating my leave. Exactly 9 days after I sent them a letter asking to rectify my records.

So, to help anyone who might read this thread in the future, I'll summarise the ordeal:

- I sent a letter back to the home office with a copy of my BRP, passport, application form and letter of approval (as I applied through the premium service). Just send everything you have to make sure. But the BRP and passport should be enough if you think about it.

- I sent the letter to the same address I got my notice of curtailment from Which was:

UK Visas and Immigration
TMNT
PO Box 3468
Sheffield
S3 8WA


And just as a warning, I happened to be out of the country on holiday when I received the curtailment notice. And they did stop me at immigration to ask me what was going on, so I had to explain everything and they even called my current company to ask if I worked there before letting me back in. So if you're going through this, I'd advise not to leave the country unless it's absolutely necessary. There are conflicting information about what should happen if you leave the UK on a curtailed leave, it's not wise to take chances.

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