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Tier 2 curtailment letter - never received

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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irish_sunset
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Tier 2 curtailment letter - never received

Post by irish_sunset » Sun Nov 03, 2019 4:54 pm

Hi folks,

i was on a tier 2 general visa until december 2017 but then switched to EEA family member residence card. i left employment with my sponsor in december 2017.
now we are having issues in our relationship and i need to apply for Tier 2 visa again to be independent, i have found a sponsor.
problem is i never got the curtailment letter and they ask for the last tier 2 visa end date it in the application form.
how do i obtain this information about the actual date for the curtailment. is there any email or postal address i could contact the home office on. i assume i can switch to Tier 2 again making an incountry application while still on eea residence card?
Any advice would be greatly appreciated.

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CR001
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Re: Tier 2 curtailment letter - never received

Post by CR001 » Sun Nov 03, 2019 4:57 pm

What was the original expiry date of your tier 2 visa?
I assume i can switch to Tier 2 again making an incountry application while still on eea residence card?
No you cannot. You have to apply from home country with a Restricted CoS and meet all the requirements.
Char (CR001 not Casa)
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irish_sunset
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Re: Tier 2 curtailment letter - never received

Post by irish_sunset » Sun Nov 03, 2019 5:43 pm

thanks for your reply.
original expiry date was december 2018.

why do i need to make an out of country application as the cooling off period if any has already lapsed? could you please refer me to some home office publications/guidance regarding the point you raised.

regards

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CR001
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Re: Tier 2 curtailment letter - never received

Post by CR001 » Sun Nov 03, 2019 5:45 pm

You can only switch to Tier 2 within the UK if you hold certain visas, EEA RC is not one of them.

https://www.gov.uk/tier-2-general/switch-to-this-visa
Eligibility

You must already be in the UK under any of the following visas or schemes:

Tier 1 visa
Tier 2 (Sportsperson) visa
Tier 2 (Minister of religion) visa
Tier 2 (Intra company Transfer) visa under the Immigration Rules in place before 6 April 2010 and you’re applying to change sponsor
Tier 4 visa - if you have an eligible qualification, will complete your course in 3 months, or you’ve done at least 12 months of a PhD
Start-up visa
Innovator visa

You can also switch to a Tier 2 (General) visa if you’re:

a dependent partner of someone with a Tier 4 visa
a representative of an overseas business

You must leave the UK and make your Tier 2 (General) application from abroad if you’re not in any of these categories.
Why not simply continue on the EEA RC and then if you divorce, apply for retained rights of residence?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

irish_sunset
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Re: Tier 2 curtailment letter - never received

Post by irish_sunset » Sun Nov 03, 2019 6:02 pm

it will be odd if i apply from home country for Tier 2 as i am resident in the UK and i ll have to go back apply for the visa and get on a plane back to the uk. dont know how this will fare with UKVI.

my partner is planning to leave the UK for home country so when the divorce proceedings start she will not be a qualified person i.e. worker.
lets say i file for divorce and she leaves the UK staright away, what are my rights then? presumably it ll take 4 months to finalise the divorce. what will my status be in this time?

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CR001
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Re: Tier 2 curtailment letter - never received

Post by CR001 » Sun Nov 03, 2019 6:08 pm

it will be odd if i apply from home country for Tier 2 as i am resident in the UK and i ll have to go back apply for the visa and get on a plane back to the uk. dont know how this will fare with UKVI.
Not sure what you find 'odd' about it. Many have to do this and apply from abroad even if they have been resident for many years on other visas that don't permit switching. It is how the rules work and if you don't follow them and apply within the UK with an Unrestricted CoS, your application will be refused. Your circumstances are not anything special in regards to applying for a new tier 2 general from a non qualifying switching category currently held.
my partner is planning to leave the UK for home country so when the divorce proceedings start she will not be a qualified person i.e. worker.
lets say i file for divorce and she leaves the UK staright away, what are my rights then? presumably it ll take 4 months to finalise the divorce. what will my status be in this time?
You should ask these questions in your existing topic you have in the EEA sub forum as they are not relevant to the tier 2 sub forum.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

irish_sunset
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Re: Tier 2 curtailment letter - never received

Post by irish_sunset » Sun Nov 03, 2019 6:25 pm

Thanks CR001. thats reassuring that others are in the same category as myself and people routinely apply from abroad even when they are residents in the UK.

as per your suggestion, i have posted my query in the EEA forum.

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