No curtailment letter even after 8 months

[sunkycaleb]

Hi everyone,
Please, I need serious advice on my situation and I'm really panicking as i am typing these messages. PLEASE HELP ON REASONABLE ADVISE (i will try as much to be brief).

I have a Tier 2 visa and i started working for my company in July last year in the Uk. In November 2014, Their licence was revoked and my employer ONLY said they are having issues with the UKBA and that they are doing everything to resolve the issue and get their licence back.

So I continued working as ususal, but in April 2015 a work colleague of mine called me that he just recieved a letter of curtailment, Immediately, i went to check my post and also check my email and spam messages but nothing was there. So the following day i spoke with my employer and they advised me to start looking for another sponsor and that my letter will come anytime.

I started looking for sponsors and it was really a diifficult situation as i applied for many jobs and no call or I got one interview but wasnt successful. I became depressed, sad and was thinking about what to do. It was already 2 months from when my work colleague called me about his letter and still I havent recieved mine and I kept checking my post,emails and spam messages both day and night but nothing. I have already stopped working for my employer since they informed me about the situation and im depending on my spouse.
In July, was very confused about my situation so i decided to call the HO about what was happening and the person i spoke with on the telephone check her system (she confirmed my postal address) and said they have not send me any letter. She said i should start looking for other sponsor while i wait for my curtailment letter or If I'm very worried, I should write the Curtailment Team about the situation.

At that time, I decided to consult a solicitor and the solicitor however advised me that it is a bad idea to write the HO curtailment IF I DO NOT HAVE ANY NEW SPONSOR or any other plans at that time. So I did not write the HO.

In August, I called the HO once again because i had the thought that the letter may be lost in transit or something, they said same thing the i heard when I called in july. while everything was happening, I still continued to look for sponsorship.
To my Suprise, I called the HO in October and they said there was no way they could know if I have been sent any letter and that they do not have the system to confim that.
Now, One of the Organisations i have applied to in time past are willing to take me on board and i have eplained all the situation to them.

MY QUESTIONS ARE:
1. Have I overstayed aready or illegal at the moment as it been 8months now?
2. Should I just continue with this New Company process of Application
3, I feel very confused and shattered, Do i just write the HO after all, its been 8 months of no letter?
4, I JUST DO KNOW WHAT TO DO ANYMORE, PLEASE ,,,,I NEED ADVISE

[sunkycaleb]

Please please... Anyone's advise is appreciated. PLEASE

[ravisb_2014]

There are people in this group, who were waiting for more than 5 to 6 months for curtailment letter and they found a new employer and went with them successfully. So, it should be alright for you too. No worries.

Curtailment letter usually takes months for UKBA to send. You should feel fortunate that you did not receive any yet and got a new sponsor too. So, go ahead and ask them to issue a Cos and apply asap.

Did you check in sponsor list if your previous company name is available or not ? They may cheat you too by making you redundant. If you have not received any letter, nothing to worry about. Hope that helps.

[sunkycaleb]

@ravisb_2014
Thanks for your message however i checked on the HO website sponsors list and i didnt see my previous employer on the list. Even until now, my previouse employer are still not on the sponsors list. My other concerns are: My work colleague has been given curtailment letter since &months ago, SO WHY HAVE I BEEN OMITTED ? HAVE I OVERSTAYED? WOULD THE HO ASK ME WHAT HAVE I BEEN DOING SINCE IF I CONTINUE WITH THIS NEW EMPLOYER?.. im deeply worried

[geriatrix]

People will respond if and when they wish to, so be patient!
Stop bumping the topic after every couple of hours.

[sunkycaleb]

I'm apologise for that please, I'm just very worried about the situation.

[BYOB]

don't worry u'll be alright

[Learner28]

well im exactly in same situation as you are in. its been 8 months that our company informed Homeoffice to curtail our visa due to redundancy. most of my colleagues have got curtailment letters from Homeoffice but not me. Around 2 ago, I called Homeoffice and the lady said no letter has been sent yet. But 2 weeks ago when I called Homeoffice a lady said no letter sent but said she cant tell for sure as system shows very few informations. did your colleagues got their letters in April this year?. an IT company located in Uckfield. If yes I think we belong to the same company. The lady gave me manchester curtailment team address, to write to them.

Please get in touch

[geriatrix]

Stuck between a rock and a hard place!

Only two options:
1. Write to the curtailment team and enquire about your status.
or
2. Apply for leave to remain with a new sponsor and hope that curtailment notice has not been issued. If it was indded issued (even though you remain unaware) then depending on how long you have been an overstayer for you risk having your passport retained and be told to leave UK ASAP. If it was never issued you have nothing to worry about - your application should be approved provided you fulfil all the requirements.

[jl00080]

Stuck between a rock and a hard place!

Only two options:
1. Write to the curtailment team and enquire about your status.
or
2. Apply for leave to remain with a new sponsor and hope that curtailment notice has not been issued. If it was indded issued (even though you remain unaware) then depending on how long you have been an overstayer for you risk having your passport retained and be told to leave UK ASAP. If it was never issued you have nothing to worry about - your application should be approved provided you fulfil all the requirements.

It is so sad UKBA could not provide a easy way to check immigrants's status....similar situation here as well.

[geriatrix]

Subject Access Request?

[kdhs114]

Hey,

if it is "okay" as she/he doesn't get a curtailment letter from HO, is he also qulified for ILR if she gets a new visa with new sponsor and meeting 5 years requirements? Or 8 month gap in employement also breaks 5 years requirements?

I read some thread saying if you stop working more than 3 month, it breaks continuous employement so you can't apply for ILR.

** one thing for sunkycaleb, I was in the same situation, and just applied for new visa with new sponsor. it went smooth and currently I am working for them.

[sunkycaleb]

I want to thank the moderators of this forum, experts, board member and everyone who has taken time to give advise and words of encouragement.. THANK YOU!!! I HAVE BEEN GRANTED FLR : : so so so grateful to God aswell! I'M THE HAPPIEST PERSON IN THE UNITED KINGDOM AT THE MOMENT . THANKS ONCE FOR CREATING FORUM LIKE THIS... Keep the good work! GOD BLESS

[JoeLawerence2]

Hi. Does anyone know if such a gap of a few months in employment will have any bearing on ILR application? Thanks.

[nisarmalik]

Hi sunkycaleb

congratulation
Can u pl highlight on what base u applied for Flr.
There r lots of people in same situation . It will be very helpful to them.
Thanks & regards

[pa1]

Hi,
I am in a similar situation, waiting for the curtailment letter, having quit my job which sponsored my tier 2 general visa. Its been over a month now, I have not yet received any letter from Home Office. I am not sure if they have sent it or it was lost somewhere before reaching my address.

I tried calling up the HO, but the lady wasn't able to tell me, if the letter is sent or not and just asked me to wait. Is there anyway I can know the last day till when my leave is valid ? As I am trying for other jobs and looking for new sponsors for my visa, its been bit frustrating for not knowing the end date of my visa.

Thanks.