Tier 2 General Sponsorship - Termination of Contract

[johnpete1984]

Hi,
My contract was terminated by my employer and my employer told me that UKBA was notified. I went to employment tribunal and filed a case against my employer to get my job back or to get a compensation as it was not a fair termination. I stayed in UK for 2 months after my contract was terminated to deal with court procedures and went to my own country as I could not afford to live there without a job. There has been no curtailment letter as yet arrived to the UK address. I have a hearing soon and I need to go back to UK to attend. My Tier 2 visa has not yet expired. Can i use my existing Tier 2 visa to come back to UK for the court hearing as there is a possibility that I will get the job back? I mean it is another cost to me to get another visa as I am not financially stable now and another visa would possibly not enable me to switch to Tier 2 from UK if the court makes an order.
Thanks in advance.

[manci]

If your visa has been curtailed you cannot return on that visa as it lapsed on your departure from the UK.

You need to find out if it has been curtailed or not. A SAR would take several weeks. You could try:

UK Visas and Immigration contact centre
Telephone: 0300 123 2241

UKVI Sheffield fax Nos:

0114 207 5851/2906//5865/5869

Phone 0114 207 3110

Post:
UKVI, Tier 2
Home Office
P O Box 3468
Sheffield S3 8WA

sponsorshipPBSenquiries@ukba.gsi.gov.uk

Alternatively, if you brief an employment lawyer s/he may be able to advise you on the merits of the case and, if necessary, represent you at the tribunal without you attending.

[Frontier Mole]

If you have left the UK at the point your curtailment was being considered there will be no curtailment letter. They check to see if you have flown out and if that is a yes they just cancel the visa internally without the need to send a notification. What is the point of sending a letter to inform you to change immigration status or leave if you have already gone.
There are sizable delays in issuing curtailment letters at the moment so there is a chance your case has not been dealt with. Don't take that as a green light to use your visa to return because the system at the airport gets updated with the COS withdrawal from the Sponsor before the curtailment case gets actioned.
A tribunal can not force a company to take you back, the tribunal just increases the level of compensation if they wont re-employ you.
You will almost certainly not get a visa (if your a visa national ) just to return to the UK to fight your case so best to appoint a legal representative to handle it now.
Good luck with your tribunal case.

If you dont mind what was the reason they gave for termination?

[johnpete1984]

Dear Manci and Frontier, thanks for your responses.
@Manci, what would you suggest as the action. Should I query the curtailment progress and make another type of a visa application at the same time? Does it mean that I can not get a short visa to come to UK if my Tier 2 has not yet been curtailed?
@Frontier, like i asked manci above, what would you suggest me to do as a set of actions as my case hearing in December?
"You will almost certainly not get a visa (if your a visa national ) just to return to the UK to fight your case..." what do you mean here? Does it mean that I can not apply or get a new visa for short visit to UK by the end of December 2014.
They did not give a reason why they ended my contract initially thinking that I would be scared of not getting a reference from them and would not appeal and go for a tribunal consequently. when i took it further, they put forward an excuse of finance and bits and bobs to make up for it.

[Frontier Mole]

Have you got an email address as I can't PM you as you are too new a member.

[johnpete1984]

I have added you as a friend in this forum. I do not know if that would enable you to send me PM.

I do not know how appropriate it would be to leave my email here.

[Frontier Mole]

Sent PM to you - reads test message.
Tell me if you receive it

[johnpete1984]

no, it gives this notification.

"Information

You are not authorised to read private messages"

[reo]

hello,
My question is:
My permit was cancelled by me employer since febuary and i have not recieved any letter from the UKBA up until now.
I have just got admission to study in canada and i need to apply for a study permit.
Can i do the application from the UK since my permit is still valid as per UKBA has not written to curtail it?

[manci]

hello,
My question is:
My permit was cancelled by me employer since febuary and i have not recieved any letter from the UKBA up until now.
According to Frontier Mole (see above) there are sizable delays in issuing curtailment letters at the moment ...... However, 8+ months seems excessive. Are you sure that UKVI have your current home address?

I have just got admission to study in canada and i need to apply for a study permit.
Can i do the application from the UK since my permit is still valid as per UKBA has not written to curtail
it?

[Frontier Mole]

Reo
What evidence have you got that your employer informed UKVI of your termination ?
The reason I ask is that there is world of difference from being terminated / resigning etc and the Sponsor actually telling UKVI you have left.
One of the most common Sponsor reporting issues is not telling UKVI when people move on. Usually the employee is getting sponsored elsewhere so UKVI can see what is happening. Although that does not excuse the sponsor from their duties.

[johnpete1984]

@Frontier Mole, how can we get in touch. I am making an general visitor application this week. It takes a week to receive it. UK Border told me that general visitor visa - if successful - would override the existing/curtailed visa?

[Frontier Mole]

Have you got PM rights now?
That is the only way you can contact me

[johnpete1984]

no, can i apply for general visa while i do not know whether the tier 2 general visa was curtailed or not.

[Frontier Mole]

There is nothing to stop you applying for a visitor visa and the advice given about the most recent visa overrides your previous status.
It is more a question of will they grant the visitor visa based on the reasons you wish to return to the UK.
I think it will be a close call and will come down to how you demonstrate your ties to your country so that your are inclined to return. There is a vast difference between getting a tier 2 visa and a visitor visa.

[Sunshine07]

Hi,
I was in band 3 nurse since December 2015 but I couldn't achieve band 7 each in ielts yet. Today my employer terminated me from his sponsorship saying I can't work from tomorrow as I didn't meet the requirement as the rule has changed from April 2015 which says band 3 nurse must have ielts within 8 months but nothing was mentioned like that in my COS so it the new rule??? Really in terrible situation don't know what to do???.. I completed my Bsc nursing from uk so would like to know is there any chance to switch over in other short list post or what can me option to say in UK. How long will it take to receive UKBA 60 days notice letter???.Need help and advice ASAP ...

Thanks

[manci]

Unfortunately your employer is right. Read the rules in the T2 guidance at paragraph 70:
https://www.gov.uk/government/uploads/s ... 4_2015.pdf

Your visa will be curtailed to 60 days from the date of the UKVI decision, not from the date of termination, so in practice you will have more than 2 months to look for a new sponsor/job. The job will have to be NQF level 6, refer to the codes of practice:
https://www.gov.uk/government/uploads/s ... l_2015.pdf.

The shortage occupation list is here:
https://www.gov.uk/government/uploads/s ... pril14.pdf

[Sunshine07]

Is it possible to change band 3 nurse post to different job title like care team manger?????

[manci]

with a new CoS you can apply for a new grant of leave provided:

a) the job is NQF level 6 with appropriate salary
b) it is a genuine job
c) you have a suitable background to fill the post

[Sunshine07]

Hi I I grant my band 3 nurse visa in 2014 October. Noting was mentioned in COS that I need pass my ielts within 8 month of COS but there some changes made in March 2015 so will it affect my visa status or not. I am really worried want to know if we had visa before new rule is implemented will be affect the one who had visa or not?????

[iworker]

this has nothing to do with visa, but to do with gmc and your employer.
if you do not pass ielts within required time, your hospital (sponsor) may terminate your contract and that in turns curtails your visa.

[Sunshine07]

Okk then if my employer is happy to keep me then I am safe.Does my employer will have any trouble with home office or not? My employer is bit panicked now coz we had an general inspection from home office 5 weeks ago and but haven't received any feedback yet.. I want to go for holiday but he said i have to wait until our nursing home receive feedback.. How long will it take to get inspection feedback/report from UKBA????Really in dilemma state what to do???

[CMedynski]

Hello, Can I apply to extend my Tier 2 UK Visa with a NEW employer from within the UK while on curtailment from my previous employer Tier 2 UK Visa?