URGENT Tier 2 rejection - curtailment of leave

[Cher12]

Hi everyone,

I applied to switch from a Tier 4 to a Tier 2 visa and was refused. On my refusal letter it says 'The decision has also been made to curtail your leave so that it expires on date'. My Tier 4 visa expires on January 30th and I got the refusal on the 25th of November so I'm assuming this means I still have leave to remain until January 30th. They returned my BRP as well and I haven't gotten any follow-up letters telling me I need to leave by a certain date before the 30th.

I'm re-applying this week with premium service and I just noticed this line on my letter so it's got me a bit worried, I just want to make sure my Tier 4 visa is still valid and I haven't overstayed without realising.

Thanks!

[vinny]

If your leave has not been curtailed nor expired, then you haven't overstayed.

[Cher12]

If your leave has not been curtailed nor expired, then you haven't overstayed.

Sorry, I don't really understand. My leave hasn't technically expired because my BRP is valid till the 30th, but the letter said it's been curtailed. Does that mean it's been shortened?

[vinny]

On my refusal letter it says 'The decision has also been made to curtail your leave so that it expires on date'.

Sorry. What was the 'date'? The letter suggests that they gave a specific date prior to the expiry date.

[Cher12]

On my refusal letter it says 'The decision has also been made to curtail your leave so that it expires on date'.

Sorry. What was the 'date'? The letter suggests that they gave a specific date prior to the expiry date.

No, that's all it said, 'on date'. I assumed it meant on the date it was meant to be expire, i.e. the 30th.

[Cher12]

And then it's followed by 'please find enclosed your BRP and passport', and then an 'enforcement warning' with the date of refusal decision (25th Nov) and an explanation about administrative review, etc.

[Casa]

May I ask under what grounds you believe new application will succeed?

PSC applications are not recommended for complex cases as the junior Case Workers simply don't have the level of authority to make a decision on the day.
They will either refuse it or at best, pass it to a higher level for a decision, joining the postal queue at the premium fee.

If you feel the decision was unjust you should have applied for an Administrative Review within 14 days of the refusal, but it appears that you are now out of time for an AR.

[Cher12]

May I ask under what grounds you believe new application will succeed?

PSC applications are not recommended for complex cases as the junior Case Workers simply don't have the level of authority to make a decision on the day.
They will either refuse it or at best, pass it to a higher level for a decision, joining the postal queue at the premium fee.

If you feel the decision was unjust you should have applied for an Administrative Review within 14 days of the refusal, but it appears that you are now out of time for an AR.

HR made a mistake with the occupation code so my salary was lower than the minimum threshold and my university gave me the wrong transcript to show that I was switching from Tier 4. Now I have the right transcript, my employers have issued a new CoS with the right occupation code along with a letter explaining they made a mistake.

[Cher12]

So it's not really that complex, there were a few mistakes in my last application that have now been corrected so I'm assuming it's relatively straightforward now.

Anyone have any idea what the curtailment is referring to? I read somewhere that if your visa is expiring in less than 60 days (as mine is) then they don't or can't curtail your leave.

[vinny]

On my refusal letter it says 'The decision has also been made to curtail your leave so that it expires on date'.

Sorry. What was the 'date'? The letter suggests that they gave a specific date prior to the expiry date.

No, that's all it said, 'on date'. I assumed it meant on the date it was meant to be expire, i.e. the 30th.

It appears that the caseworker may have forgotten to insert an appropriate date. I wonder if this renders the curtailment notice invalid?

[Cher12]

But what would be the reason for curtailment? There were no false representations on my application. The only thing I can think of is that my student status expired on the 30th of September. And wouldn't they have sent a curtailment letter telling me when I had to leave?

[Cher12]

I'm panicking a bit now. I've got my premium centre appointment on Thursday. If they say anything about curtailment I'm assuming I can just show them the letter and explain that they never actually gave me a date, assuming a mistake was made?

[Casa]

I agree with Vinny that this appears to be a template letter and the issuer should have replaced the words on date with the actual date of curtailment.

This is where the 'complexity' of the application may arise.

[Cher12]

I agree with Vinny that this appears to be a template letter and the issuer should have replaced the words on date with the actual date of curtailment.

This is where the 'complexity' of the application may arise.

But if a mistake was made by the case worker, then surely there are no legal grounds to refuse me and the most they could do is delay the decision?

[Cher12]

I just looked through the gov.uk document on Curtailment and apparently they can only curtail with immediate effect under certain conditions (which don't apply to me) or they can only curtail leave to 60 days unless the migrant has less than 60 days of leave remaining... which I did. So it doesn't make sense.

Does anyone know:

* if it's possible to curtail leave on a Tier 4 migrant if their period of study has ended (for instance, my studies officially ended on the 30th of September but the end date on my CAS and my BRP is 30th January)?
and
* if they curtail leave with immediate effect, do they follow up with a curtailment letter/some way of making sure you know you have to leave the country by xy date?

Any help is greatly appreciated!

[Cher12]

Another question - I know you're not allowed to work if your leave is curtailed, but if I have leave to remain until 30th January (and I wasn't given a new date for expiry of leave obviously) and I made a new application for a Tier 2 visa on the 3rd of January, am I still allowed to work?

[mikeduanduan]

I just looked through the gov.uk document on Curtailment and apparently they can only curtail with immediate effect under certain conditions (which don't apply to me) or they can only curtail leave to 60 days unless the migrant has less than 60 days of leave remaining... which I did. So it doesn't make sense.

Does anyone know:

* if it's possible to curtail leave on a Tier 4 migrant if their period of study has ended (for instance, my studies officially ended on the 30th of September but the end date on my CAS and my BRP is 30th January)?
and
* if they curtail leave with immediate effect, do they follow up with a curtailment letter/some way of making sure you know you have to leave the country by xy date?

Any help is greatly appreciated!

Can I ask when your Tier 4 visa ends? I know your BRP is valid until 30th January. How about your Tier 4 visa? Is it still valid when you apply your T2?

[mikeduanduan]

Another question - I know you're not allowed to work if your leave is curtailed, but if I have leave to remain until 30th January (and I wasn't given a new date for expiry of leave obviously) and I made a new application for a Tier 2 visa on the 3rd of January, am I still allowed to work?

I think it should be OK if you apply TIER 2 before your T4 ending day. They said your T4 has been curtailed. Why not call UKBA to check if your T4 is still validate? Maybe the letter from HO is lost in delivery. Hope you can get T2 successfully.

[gbpmatrix]

Hello Cher12.
I dont think there will be any problem on psc. Worst come worst they will hold ur appli and decide in few days or weeks as it is t2- they have to follow t2 timescale.
One more thing if u can help me. My t2 was refused and my company couldnt give me new cos as there is only one cos available to my company which was already used by me. Just want to ask how did u manage to get new cos. It will hlep if u can provide some info.
All the best for ur appt.
Regards