Curtailment letter for Tier 2

[jbharatrhodes]

Hi,

I was working under Tier 2(General) and then was offered a PhD from a university in February 2018. The university said that I should start from May 2018. As I have to give three months notice, I resigned in February with last day being 30th April 2018.The university processed my application so slowly that I got offer letter in 10th April and applied for ATAS. I left the job on 30th April and my employer informed Home office on the same day. Then I got ATAS clearance on May 4 and then only the University said they will process CAS letter. Its been nearly 2 weeks and I haven't got CAS letter. However I was offered job from another employer and they said they will sponsor me.
I haven't still got a letter about my curtailment and is my status legal or illegal?
Now what can be the best solution, waiting the University and switching to Tier 4 or going to Tier 2 again? If I apply for Tier 4, Will I get the visa because of the three weeks visa break? Or If I go with Tier 2 , In Jnauary 2019, it will be my five years at Tier 2, Am I eligiable for ILR?

Thank you very much

[Djsuccess]

Hi,

I was working under Tier 2(General) and then was offered a PhD from a university in February 2018. The university said that I should start from May 2018. As I have to give three months notice, I resigned in February with last day being 30th April 2018.The university processed my application so slowly that I got offer letter in 10th April and applied for ATAS. I left the job on 30th April and my employer informed Home office on the same day. Then I got ATAS clearance on May 4 and then only the University said they will process CAS letter. Its been nearly 2 weeks and I haven't got CAS letter. However I was offered job from another employer and they said they will sponsor me.
I haven't still got a letter about my curtailment and is my status legal or illegal?
Now what can be the best solution, waiting the University and switching to Tier 4 or going to Tier 2 again? If I apply for Tier 4, Will I get the visa because of the three weeks visa break? Or If I go with Tier 2 , In Jnauary 2019, it will be my five years at Tier 2, Am I eligiable for ILR?

Thank you very much

Never resign from your job before you have your next visa. Why did you opt for a PhD when you are about 7 months away from getting ILR ?.
I don't think anyone can make the decision for you. You will have to decide which is more important to you. PhD or a job?
What is the validity of your current visa?
If you haven't received any curtailment letter, and your current visa is still valid, then you might have time to either wait for the CAS letter or move back to Tier 2. You will be given 60 days curtailment period, which should be enough for you to decide on what you want to do. By the way, have you changed your address recently? Did you use your old office email address as your UKVI contact email? If yes, you might have or might miss the curtailment letter. Recent stories show that curtailment letters are released quickly these days. some got it within 2-3 weeks of leaving their job.
Finally, I hope you know that if you switch to Tier 4, your clock is reset and will not be able to apply for ILR in January 2019 because you cannot combine Tier2 and Tier 4 for ILR 5 years route. You will have to wait for the 10 years route if you are qualified.
If you move back to Tier 2 now successfully, your continuity will not be lost and will still be eligible for ILR in January 2019.

[jbharatrhodes]

Hi,
Thank you very much for your reply.
I have already resigned and when I talked with solicitors they said that If I want to go to Tier 4, then I should have applied within 15 days of my resignation. I haven't got my curtailment letter yet and I have given my personal email address to my employer when they were trying to notify the home office about my leaving.

I am aware that the combination of Tier 2 plus tier 4 will not allow me to get ILR in 5 years but in 2020, it will be my 10 years, that's the reason I opted for PhD but that is being delayed.

[jbharatrhodes]

Hi,

I resigned from Tier 2 in February with three month notice (April 30 as the last working day) and my previous employer informed the Home office about my leaving in February 19.
Its been almost a month and I haven't got any letter from Home office about my curtailment and I am switching to Tier 4. I spoke with few solicitors and they said that I can only switch to Tier 4 within 2 weeks of my resignation and now it has been almost a month, so I can't switch to Tier 4, is it True?

Also I have got job offer from another company and they have said they will get CoS letter for me but they have to wait until 11 June 2018 to get the allocation from Home office, will it not be late to wait until that time?

Any idea how long will take to receive the curtailment letter and will my 60 days starts after I receive the curtailment or from the day of my resignation?

Thank you

[CR001]

Ask the 'solicitors' to show you where in the immigration rules it states you MUST switch to tier 4 within 2 weeks of resigning.

60 days curtailment letter can take a while to get sent to you provided HO have your current address. 60 days starts from date of letter NOT from date of resignation.

[jbharatrhodes]

Ask the 'solicitors' to show you where in the immigration rules it states you MUST switch to tier 4 within 2 weeks of resigning.

60 days curtailment letter can take a while to get sent to you provided HO have your current address. 60 days starts from date of letter NOT from date of resignation.

Do I need to inform home office if I have left the job or will the notification by my office will be OK?

[CR001]

It is your employers responsibility to inform HO.

[jbharatrhodes]

Cheers. Thank you

[jbharatrhodes]

I was in Tier 2 (General) and resigned from my job for the PhD and it was delayed and in the meantime, I was offered a job from a company and they told me that they will provide sponsorship. They said that they need to wait until 11th June for their license to reappear and their allocation to be finalised. I just checked their website and for the same post, they have now re-advertised with opening and closing date (1st week of July). Does this mean that I have to wait until their closing date to apply or does they have to wait until the closing date to get the CoS letter?

Thank you

[Djsuccess]

I was in Tier 2 (General) and resigned from my job for the PhD and it was delayed and in the meantime, I was offered a job from a company and they told me that they will provide sponsorship. They said that they need to wait until 11th June for their license to reappear and their allocation to be finalised. I just checked their website and for the same post, they have now re-advertised with opening and closing date (1st week of July). Does this mean that I have to wait until their closing date to apply or does they have to wait until the closing date to get the CoS letter?

Thank you

if the role requires RLMT then, it will need to be advertised properly. You will have to wait until the closing date of the advert. If there's no qualified settled worker that applied for the role, then you should be able to proceed with your application. Have you received curtailment letter yet?

[jbharatrhodes]

Thank you.
I still haven't received the curtailment letter. I checked RTW and it still says I can work until 2020.