Curtailment on resigning from job

[ag251]

I am currently in the UK on a Tier-2 visa which expires in 2017. However, I am planning to leave the job and move back to my home country.

Just want to know - how many days do I get to stay in the UK after I stop working? I have read that the leave is curtailed to 60 days. But recently I came across this document: https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

Page 94 mentions: "If you curtail a Tier 2 or 5 migrant’s leave because the employment, volunteering, training or job shadowing will end earlier than originally expected, you must curtail their leave to the new end date plus any wrap-up period that was originally allowed"

The wrap-up period originally allowed in my Tier-2 visa seems to be 14 days i.e. the visa is scheduled to expire 14 days after my current work contract ends.

Does this mean I will get a 60-day or a 14-day period before I am required to leave the UK?

[manci]

if you quit your job your sponsor will report it to UKVI who will curtail your leave to 60 days from the date they make their curtailment decision (not from the time you quit your job).

[dansunotori]

Hi Manci,

I've come across this thread, and my situation is similar. I plan to prematurely end my employment, and I'm going to notify my employer beforehand. Our HR department will inform UKBA about that most certainly, I would even assume they'll do it beforehand. Does it mean that in my case curtailment will be not for 60 days but for the "original wrap-up period" instead? How can I ascertain what my original wrap-up period is?

It is very frustrating that the policies and the caseworker guidance say different things. The only difference between two paragraphs seems to be in the sequence if the events:
- "A PBS migrant has ceased work or study" - event has already happened (unexpectedly?) - curtailment is for 60 days
- "If you curtail a Tier 2 or 5 migrant’s leave because the employment, volunteering, training or job shadowing will end earlier than originally expected..." - event is about to happen, parties agreed on the end date and HR has notified UKVI

Nobody seems to be able to provide any clarity around this

Many thanks in advance!

[manci]

there is no contradiction here.

HR has to inform UKVI of the termination of your employment within 10 working days of the date of the terminations. UKVI will then curtail your leave to 60 days from the date of their decision (not from the termination date).

What you quote from p94 of the caseworker guidance refers to a situation when the period of engagement stated in the CoS was, say, 3 years and your employer decides that they only want to sponsor you for 2 years.

[dansunotori]

there is no contradiction here.

Thank you Manci! It's just the language is rather frustrating.

Where should we expect the Home Office to serve the curtailment notice? What if my wife and I move out of the company-sponsored apartment before that, and move to a friend of ours or a hotel to wrap-up things before leaving the country?

To our old (current) address / employer office?

Do we need to notify them about change of address? Apparently, we'll have to re-register with the Police.

Is there a way to enquire HO about our status / curtailment decision, or is it just safer to assume that we need to leave the country in 60 days and not bother waiting for the notice?

Sorry for so many questions. I would really appreciate any help.

[manci]

@dansunotori
UKVI will send the curtailment notice to whatever address they have for you. If your address changes report it on the change of circumstances form:
https://www.gov.uk/government/uploads/s ... _04-14.pdf
If the HO know that you have left the country they will not send out the curtailment letter because if you have existing leave that will lapse on departure from the UK.

There have been some posts indicating that if you ring UKVI they will tell you whether or not your visa has been curtailed yet - 0300 123 2241

If you had to register with the police report to them the change of address.
https://www.gov.uk/register-with-the-police

[ard123]

Hi @manci

Thanks so much for the clarification.
My confusion is under the same circumstances, when will my sponsor report to UKVI?
In the contract I have a 1-month notice period.
Say I hand in my resignation letter, will the sponsor report to UKVI straight after that?
Or will they do so on my last day of work?

It might make a difference in my decision of handing my resignation letter as I have an important even to attend this summer.

[manci]

Hi @manci

Thanks so much for the clarification.
My confusion is under the same circumstances, when will my sponsor report to UKVI?
In the contract I have a 1-month notice period.
Say I hand in my resignation letter, will the sponsor report to UKVI straight after that?
Or will they do so on my last day of work?
they have to report within 10 days after you stopped working

It might make a difference in my decision of handing my resignation letter as I have an important even to attend this summer.

Hi @manci

[ODC]

Dear Manci,

Thank you for your responses,

Continuing the topic of this correspondence, do you know if I can travel from and back to UK during this 60 days that I am allowed to stay in UK after curtailment?

(background: I am leaving my company and moving to another country, but I will need to come back for a week to UK in around 20 days after my last day at work in UK for other non-working purposes, so I am now trying to understand if I need visa?)

Thanks in advance,
Kind regards,
O.

[vinny]

if I can travel from and back to UK during this 60 days that I am allowed to stay in UK after curtailment?

No.

[Frontier Mole]

Sorry I disagree - until such time a visa curtailment expires the individual is free to travel in and out of the country. The 60 days curtailment allows for an individual to seek to regularise their stay and does not restrict movement.
The issue will be on return to the UK. Immigration will almost certainly question you on your return. However if you are clear that you intend to close your affairs and leave there is no reason to deny entry.

[vinny]

What of 13(3)?

[manci]

....also from the caseworker guidance:

If you are curtailing leave so that some leave remains, you must also include the following line:

‘If you leave the UK your leave to enter or remain will lapse under Article 13(3) of the Immigration (Leave to Enter and Remain) Order 2000 and you may require a visa to enter the UK.’

This is to warn the migrant that, in accordance with the above Order, their curtailed leave will lapse if they leave the UK, so they will not be able to rely on that leave to re-enter the UK if they travel after their leave is curtailed.

[Frontier Mole]

Just had a look at some templates..... there are two
One with the 13(3) and one without....
Hence the caseworker instruction to use the one with 13(3)

My sincere apologies, I have not given accurate information.

Just is case there is a caseworker oversight check the template ref - if it is ICD.3971A you can't return as that version has 13(3) included as standard text.

[eyalcin]

....also from the caseworker guidance:

If you are curtailing leave so that some leave remains, you must also include the following line:

‘If you leave the UK your leave to enter or remain will lapse under Article 13(3) of the Immigration (Leave to Enter and Remain) Order 2000 and you may require a visa to enter the UK.’

This is to warn the migrant that, in accordance with the above Order, their curtailed leave will lapse if they leave the UK, so they will not be able to rely on that leave to re-enter the UK if they travel after their leave is curtailed.

Hello Manci,

*I left my job on 25 July 2014
*Left the UK on 24 July 2014 to Turkey
*Came back 5 days after
*Went to Germany for 2 days and came back 17 August
*Never received the curtailment letter

On both occasions, I clearly told the border police I was in between jobs (employer then didn't sponsor me after all) And I was let back into the UK without any problems.

1) Is it correct (ish) to assume, my case wasn't even under review then hence border police wasn't informed on their systems that my sponsorship was no longer viable
2) I read on Her Majesty penalty page that this is a one time offence and it doesn't effect any future applications => I have since then got 2 year tourist visa (Jan 2016) and went in 3 times.

What happened here exactly? I am very confused (1) I don't know when my visa was curtailed; (2) if it is safe for a sponsor to sponsor me NOW (I have left the UK Feb 2015 and since been working in Turkey, my home country.

Your advice is hugely appreciated.
Kindest,

[manci]

suggest you make a Subject Access Request to UKVI which will reveal your complete immigration history:
https://www.gov.uk/government/publicati ... on#history

[maggiech]

Hi Manci:

I have left my current employer and not receiving home office letter asking to leave the UK, during the time looking for new jobs, i went to Europe for 10 days. Now I intend to apply for new tier 2 sponsorship with a new employer, would my Europe trip affect my new application?

Thanks very much!!! This is a bit urgent, look forward to your reply!!

M

[maggiech]

Sorry I disagree - until such time a visa curtailment expires the individual is free to travel in and out of the country. The 60 days curtailment allows for an individual to seek to regularise their stay and does not restrict movement.
The issue will be on return to the UK. Immigration will almost certainly question you on your return. However if you are clear that you intend to close your affairs and leave there is no reason to deny entry.

Hi Frontier Mole:

I have similar situation, difference is I left my current employer and they havent report to UKVI so my curtailment has not starting counting yet. I left the UK for travelling, around 10 days, and smoothly came back. Would that affect my new Tier 2 application with a different employer?

thanks!

[maggiech]

....also from the caseworker guidance:

If you are curtailing leave so that some leave remains, you must also include the following line:

‘If you leave the UK your leave to enter or remain will lapse under Article 13(3) of the Immigration (Leave to Enter and Remain) Order 2000 and you may require a visa to enter the UK.’

This is to warn the migrant that, in accordance with the above Order, their curtailed leave will lapse if they leave the UK, so they will not be able to rely on that leave to re-enter the UK if they travel after their leave is curtailed.

Hello Manci,

*I left my job on 25 July 2014
*Left the UK on 24 July 2014 to Turkey
*Came back 5 days after
*Went to Germany for 2 days and came back 17 August
*Never received the curtailment letter

On both occasions, I clearly told the border police I was in between jobs (employer then didn't sponsor me after all) And I was let back into the UK without any problems.

1) Is it correct (ish) to assume, my case wasn't even under review then hence border police wasn't informed on their systems that my sponsorship was no longer viable
2) I read on Her Majesty penalty page that this is a one time offence and it doesn't effect any future applications => I have since then got 2 year tourist visa (Jan 2016) and went in 3 times.

What happened here exactly? I am very confused (1) I don't know when my visa was curtailed; (2) if it is safe for a sponsor to sponsor me NOW (I have left the UK Feb 2015 and since been working in Turkey, my home country.

Your advice is hugely appreciated.
Kindest,

Hi, similar situation here, did the travel affect your new application?

[eyalcin]

[/quote]

Hi, similar situation here, did the travel affect your new application?

Hello Im sorry I just saw your message.

I am still waiting on my SAR.

I did indeed travel before my curtailment (If it has ever come through anyways). I really think it is fine but lets see.

How about you? any news on your side?

[ritina]

Hi Eyalcin

I am in the same situation like you, how can I get in touch with you as I cannot send email..

by eyalcin » Wed Dec 07, 2016 8:33 am