Tier 2 (revoked) to FLR(M), no curtailment letter received y

[marcho]

Dears,

I am(was) on a Tier 2 (general) visa which originally expires in Feb 2017. However my sponsor's licence was revoked on 19th Feb 2016, but i have still not received any letter of curtailment from the home office, and i know the address cannot be the issue (i am still living in the same address). I am not sure if the 60 days are counting already since 19th of Feb, or will this start only when i receive a letter? What is my status in the meantime ?
I am also the unmarried partner of a person settled in the UK, so I am planning to apply for FLR (M) - 5 year route, but what should I write on my application as the end date of my current leave ? Should i be saying in the application that actually my sponsor's licence has been revoked ? Also, once i apply for the FLR (M) what will be my status ? Will i be able to work under the section 3C of the Immigration Act, as long as I have applied before i receive the curtailment letter ?

I will be grateful for any help and advice!

[knucks]

Dears,

I am(was) on a Tier 2 (general) visa which originally expires in Feb 2017. However my sponsor's licence was revoked on 19th Feb 2016, but i have still not received any letter of curtailment from the home office, and i know the address cannot be the issue (i am still living in the same address). I am not sure if the 60 days are counting already since 19th of Feb, or will this start only when i receive a letter? What is my status in the meantime ?
I am also the unmarried partner of a person settled in the UK, so I am planning to apply for FLR (M) - 5 year route, but what should I write on my application as the end date of my current leave ? Should i be saying in the application that actually my sponsor's licence has been revoked ? Also, once i apply for the FLR (M) what will be my status ? Will i be able to work under the section 3C of the Immigration Act, as long as I have applied before i receive the curtailment letter ?

I will be grateful for any help and advice!

Dear marcho,

Do you mind sharing a little bit of background please as to when was the licence suspended ? What were the reasons etc ?

Thanks

[manci]

Dears,

I am(was) on a Tier 2 (general) visa which originally expires in Feb 2017. However my sponsor's licence was revoked on 19th Feb 2016, but i have still not received any letter of curtailment from the home office, and i know the address cannot be the issue (i am still living in the same address). I am not sure if the 60 days are counting already since 19th of Feb, or will this start only when i receive a letter? What is my status in the meantime ?
there is normally some delay in issuing curtailment notices but the 60 days will be counted from the date of the curtailment decision, not from the licence revocation date.


I am also the unmarried partner of a person settled in the UK, so I am planning to apply for FLR (M) - 5 year route, but what should I write on my application as the end date of my current leave ? Should i be saying in the application that actually my sponsor's licence has been revoked ?
if you apply before receipt of the curtailment decision Feb 17, otherwise the date in the curtailment letter. In the former case write an explanatory covering letter.


Also, once i apply for the FLR (M) what will be my status ? Will i be able to work under the section 3C of the Immigration Act, as long as I have applied before i receive the curtailment letter ?
Section 3C will operate if you apply before your curtailed leave expires. However, you'll need to convince your employer that this is the case and they will probably seek independent advice.


I will be grateful for any help and advice!

[Frontier Mole]

Is your employer still continuing to employ you?

[manci]

Is your employer still continuing to employ you?

under the circumstances (section 3 C) and provided s/he is still employed by the revoked sponsor would continued employment beyond the curtailment date be a problem?

[Frontier Mole]

Not at all. That is the loophole in the system, a revoked sponsor can carry on utilising sponsored employees up to the date of their curtailment expiry date.
The reason I asked was to see what the Sponsors view was on continued working and how that might life easier continuing in employment down the FLR(M) route.

[marcho]

Dears,

I am(was) on a Tier 2 (general) visa which originally expires in Feb 2017. However my sponsor's licence was revoked on 19th Feb 2016, but i have still not received any letter of curtailment from the home office, and i know the address cannot be the issue (i am still living in the same address). I am not sure if the 60 days are counting already since 19th of Feb, or will this start only when i receive a letter? What is my status in the meantime ?
I am also the unmarried partner of a person settled in the UK, so I am planning to apply for FLR (M) - 5 year route, but what should I write on my application as the end date of my current leave ? Should i be saying in the application that actually my sponsor's licence has been revoked ? Also, once i apply for the FLR (M) what will be my status ? Will i be able to work under the section 3C of the Immigration Act, as long as I have applied before i receive the curtailment letter ?

I will be grateful for any help and advice!

Dear marcho,

Do you mind sharing a little bit of background please as to when was the licence suspended ? What were the reasons etc ?

Thanks

Dear knucks,

the licence of my sponsor was revoked effective from 19th Feb 2016. It was due for renewal and following Home office checks, it was concluded that the sponsored programme is not highly skilled. My employer tried to appeal but it was unsuccessful. This affected 13 employees in the company, all of which are now with their visas revoked, as am I. And none of them has received a curtailment letter until now.

[marcho]

Is your employer still continuing to employ you?

Dear Frontier Mole,

no, my employer put me (and the rest of the group) on a suspension with full pay until 18th of march. From the 18th of March (after seeing that the appeal in court has failed) my employer terminated me.

[marcho]

Not at all. That is the loophole in the system, a revoked sponsor can carry on utilising sponsored employees up to the date of their curtailment expiry date.
The reason I asked was to see what the Sponsors view was on continued working and how that might life easier continuing in employment down the FLR(M) route.

Dear Frontier Mole,

so if i understood correctly, as soon as i apply for the FLR(M) - and as long as this is before the curtailment period (which i have received no letter for yet) I should be able to go back to work? In fact my employer is eager to have me back and is simply awaiting for me to submit the FLR(M) application.

My only worry is that i am receiving very conflicting information regarding the counting of 60 days, some lawyers i have spoken to claim the 60 days started counting the moment the sponsor's license was revoked (19th of Feb), and others say that this will only start counting after a curtailment decision is taken, supported by a letter confirming the exact date by which i have to leave (as also confirmed by manci, thank you for which!).

My fear is that if the days are already counting since 19th of February 2016, then i should be leaving by the 19th of April 2016, and this is not enough time for me to submit the new FLR(M) application. The reason is that we have evidence of living together only since end of April 2014, even though we have been in a relationship since 2013.

[Frontier Mole]

Any lawyer that has said the 60 days starts from the date of revocation should not be practicing law.... Especially immigration law.

Your 60 day curtailment is from the date of the curtailment decision as communicated by the decision letter. Please ensure the HO has your current address.

As for FLR(M) application. It does not give you the right to work until granted. In the interim period your current Tier 2 visa conditions remain in play. So in effect the employer can use you BUT given your termination they can not actually employ you now as they would knowingly would be reemploying you without a licence. No statutory defence against a fine etc.